THE  CHICAGO  RAILWAY  TERMINAL  PROBLEM. 


REPORTS 


CHICAGO  TERMINAL  COMMISSION 


MAYOR  AND  COMMON  COUNCIL 


CITY  OF  CHICAGO, 

Dated  May  12TH  and  July  iith,  1892. 


LETTERS,    REPORTS,    BRIEFS,    OPINIONS,    COURT    DE- 
CISIONS, AND    LEADING   ARTICLES 


DISCUSSING 


THE    CHICAGO    RAILWAY     TERMINAL    PROBLEM,    AND 
ITS    SOLUTION, 


FROM    THE    STANDPOINT    OF 


MECHANICAL  AND  HYDRAULIC  ENGINEERS,  LAWYERS, 
JUDGES,  AND  THE  PUBLIC  PRESS. 


M 


t 


THE  CHICAGO  RAILWAY  TERMINAL  PROBLEM. 


REPORTS 


CHICAGO  TERMINAL  COMMISSION 


MAYOR  AND  COMMON  COUNCIL 


CITY  OF  CHICAGO, 

Dated  May  12th  and  July  iith,   1892. 


LETTERS,    REPORTS,    BRIEFS,    OPINIONS,    COURT    DE- 
CISIONS, AND   LEADING   ARTICLES 


DISCUSSING 


THE    CHICAGO    RAILWAY     TERMINAL    PROBLEM,    AND 
IT§    SOLUTION, 


FROM    THE    STANDPOINT    OF 


MECHANICAL  AND  HYDRAULIC  ENGINEERS,  LAWYERS, 
JUDGES,  AND  THE  PUBLIC  PRESS. 


PRESS  OF 

JENKINS    &■    MCCOWAN, 

NEW    YORK. 


fc: 


Mayor's  Office, 
Chicago,  Feb.  15,  1892. 

To  the    Honorable    the    City    Council   of   the    City   of 
Chic  a  00  : 

Gentlemen — I  beg  leave  to  call  your  attention  to 
the  subject  of  grade  crossings  of  railroads  and  streets 
within  the  city,  and  the  importance  of  providing, 
without  delay,  the  best  remedy  for  this  evil. 

There  are  within  the  city,  I  think,  one  thousand, 
or  thereabouts,  of  such  crossings  of  streets  and  rail- 
roads, at  some  of  which  a  large  number  of  railroad 
tracks  cross  the  streets  at  grade. 

At  these  crossings,  according  to  the  report  of  the 
Coroner,  over  three  hundred  persons  met  their  death 
during  the  last  year.  The  deaths  at  these  crossings 
exceed  in  number,  I  believe,  all  the  death  casualties 
of  any  other  kind  together.  The  injury  to  persons 
and  property  is  not  the  only  great  evil  of  grade  cross- 
ings. The  delays  occasioned  are  very  serious.  The 
fire  department  was  detained  in  reaching  fires  over 
three  hundred  times  during  the  last  year,  and  the 
total  time  of  such  delays  was  over  sixteen  hours. 
The  delays  to  traffic  and  business  are  enormous.  These 
are  some  of  the  evils  to  be  considered  in  addition  to 
the  great  number  of  casualties  caused  by  grade  cross- 
ings. The  facts  demonstrate  the  utter  insufficiency 
of  the  means  of  protection  which  have  been  hereto, 
fore  afforded  at   these  crossings.     In  addition  to  the 


crossings  now  existing  the  public  travel  requires  the 
opening  of  new  streets  over  these  railroads.  The 
public  necessity  for  streets  must  be  accommodated, 
and  the  crossings  of  the  streets  must  be  kept  in  a 
reasonably  safe  condition  for  the  public  travel  thereon. 
On  the  other  hand  the  public  importance  of  speedy 
transit  upon  the  railroads  is  to  be  taken  into  account. 
The  people  require  rapid  transit.  To  accomplish  these 
results  grade  crossings  must  be  done  away  with.  It 
has  been  the  policy  of  city  authorities,  heretofore,  to 
meet  this  necessity  by  carrying  the  streets  over  the 
railroads  by  means  of  viaducts,  and  a  comparatively 
few  streets  are  thus  provided  for.  But  the  few  via- 
ducts constructed  within  the  last  sixteen  years  have 
cost  about  three  million  dollars  for  construction  and 
land  damages.  Aside  from  this  there  is  the  cost  of 
repair  and  maintenance.  The  loss  incurred  by  reason 
of  additional  hauling  up  of  the  viaducts  is  enormous. 
The  number  of  viaducts  is  now  entirely  inadequate. 
If  viaducts  were  placed  at  ten  times  the  number  of 
street  crossings  at  which  they  now  exist,  the  public 
travel  would  not  be  met  when  their  construction  had 
been  completed.  Some  idea  of  the  expense  involved 
in  providing  adequate  crossings,  by  means  of  viaducts, 
may  be  gained  from  consideration  of  these  facts,  but 
the  estimate  would  probably  be  then  too  small,  and 
the  means  thus  provided  would  then  be  inadequate. 
The  necessity  for  additional  crossings  would  be  con- 
stant, and  if  the  public  necessity  were  adequately 
accommodated  by  viaducts,  aside  from  the  enormous 
first  cost,  the  cost  of  maintenance  and  reconstruction 
would  itself  be  enormous. 

It  would,  therefore,   seem  that   viaducts   do  not, 


and  cannot  be  made  to  meet  the  necessities  of  the 
case,  or  to  afford  any  adequate  remedy. 

What  is  the  remedy  ?  I  beg  to  recommend  that 
this  subject  be  taken  up  energetically  and  thoroughly; 
that  the  best  remedy  be  determined  upon  and  be  ap- 
plied, and  that  our  best  thoughts  be  now  given  to  this 
subject,  and  that  the  same  be  not  dropped  or  delayed, 
but  be  pressed  until  this  evil  of  grade  crossings  be  for- 
ever removed. 

I  assure  you  that  it  is  my  desire  and  purpose  to 
take  hold  of  this  matter  with  you  in  this  way,  and 
with  this  end  in  view. 

I  beg  to  urge  upon  your  consideration  the  question 
of  elevated  terminals  within  the  City  of  Chicago,  and 
of  compelling  railroads  to  elevate  their  tracks  so  as  to 
permit  the  crossings  of  streets  underneath  the  tracks. 
I  am  advised  by  the  Corporation  Counsel  that  the  City 
Council  is  possessed  of  adequate  power  in  the  prem- 
ises, and  an  opinion  to  this  effect  has  heretofore  been 
rendered  to  your  Committee  on  Railroads.  The  trend 
of  late  judicial  decisions  upon  the  subject  of  police 
power  confirms  this  opinion.  The  practical  solution 
of  the  question  in  this  way,  however,  presents  many 
difficulties, and  can  only  be  reached,  in  my  opinion,  by 
a  careful  consideration  of  all  conditions.  Our  city  in 
this  respect  is  peculiarly  situated,  and  it  would  be  un- 
wise to  disarrange  the  existing  condition  of  affairs 
until  we  are  prepared  to  submit  a  remedy  which  shall 
consider  the  interests,  and  all  conditions  fairly  and 
thoroughly.  It  has  been  urged  that  if  all  the  railway 
tracks  within  the  city  were  now  to  be  elevated,  aside 
from  the  cost  to  railway  companies,  a  large  number 
of  industries,  great  and  small,  situated  along  the  roads 


of  our  respective  railroads,  which  have  been  construct- 
ed for  their  railroad  facilities,  and  to  conform  to  the 
present  state  of  affairs,  would  be  destroyed.  And  it 
has  been  represented  on  the  part  of  the  railroad  com- 
panies that  the  cost  itself  of  making-  this  change  in  all 
their  tracks  would  be  so  enormous  as  to  bankrupt  the 
companies.  The  conditions  vary  and  might  be  met 
by  varying  remedies. 

It  has  been  suggested  that  the  remedy  lies  in  part 
in  bringing  about  a  removal  of  railway  tracks  and  ter- 
minals from  the  immediate  business  centre  of  the  city, 
and  the  consequent  increase  of  the  business  district. 
The  railroads  lying  along  or  adjacent  to  the  banks  of 
the  river,  where  they  are  now  crossed  by  viaducts  lead- 
ing to  the  bridges,  present  conditions  different  from 
the  railroads  lying  elsewhere. 

The  validity  of  any  ordinance  that  you  may  pass 
upon  depends  upon  its  reasonableness.  Your  ordi- 
nance must  be  reasonable  in  order  to  be  valid.  Its 
reasonableness  will  be  determined  in  view  of  all  the 
considerations  of  the  facts  and  circumstances  in  the 
premises.  But  your  conclusion  upon  that  embodied 
in  the  ordinance  will  go  far  to  establish  its  own  rea- 
sonableness. You  are  the  first  judge  of  those  condi- 
tions, facts  and  circumstances.  But  they  should  all 
be  carefully  investigated,  gone  over  and  considered, 
and  the  solution  of  this  problem  which  shall  be  ar- 
rived at  must  be  one  that  will  afford  permanent  rem- 
edy. The  fact  of  the  growth  of  the  city  must  be  con- 
sidered, as  well  as  its  present  condition  and  needs. 
The  remedy  must  be  no  temporary  shift.  These  facts 
all  demonstrate  that  this  problem  cannot  be  settled 
without  a  most  careful  consideration  by  persons  desig- 


nated  for  this  specific  purpose,  who,  by  their  skill,  judg- 
ment, and  broad-mindedness  will  be  regarded  as  able 
to  cope  with  the  problem. 

I  therefore  suggest  that  a  committee  consisting 
of  three  experts  be  appointed  to  immediately  take  up 
this  subject  and  proceed  to  make  a  complete  and  thor- 
ough investigation  of  this  subject  and  report  to  your 
Honorable  Body  at  the  earliest  possible  moment,  and 
within  three  months  from  the  date  of  their  appoint- 
ment. That  they  should  be  employed  at  a  proper  sal- 
ary, in  order  that  they  may  give  their  entire  time  to 
this  subject,  and  that  they  be  authorized  to  em- 
ploy such  clerical  and  other  help  as  may  be  necessary, 
and  to  incur  such  legitimate  expenses  in  their  investi- 
gation as  the  circumstances  justify. 

Respectfully  submitted, 
Hempstead  Washburne, 

Mayor. 

In  connection  with  the  foregoing,  Aid.  Madden 
presented  a  resolution  providing  for  the  appointment 
of  three  experts  as  recommended  by  His  Honor  the 
Mayor,  and  moved  its  passage. 

The  motion  prevailed  unanimously. 

The  following  is  the  resolution  as  passed  : 

Resolved,  That  the  Mayor  be  and  is  hereby  autho- 
rized to  employ  three  experts  who  shall  examine  the 
roads  and  construction  of  all  terminal  steam  railroads 
now  centering  in  Chicago  on  grade  crossings.  That 
said  three  experts  be  appointed  for  the  purpose  of  sug- 
gesting a  remedy  whereby  grade  crossings  on  all  of 
said  terminal  roads  can  be  abolished  by  elevation  or 
otherwise. 


That  said  experts  be  required  to  report  in  each 
case  some  method  by  which  grade  crossings  can  for- 
ever be  abolished  within  the  City  of  Chicago.  And 
that  they  be  authorized  to  collect  such  information 
from  abroad  and  at  home,  as  shall  fully  advise  them 
upon  the  best  methods  to  accomplish  this  result. 
That  the  said  experts  and  such  assistants  as  they  may 
require,  be  paid  from  money  not  otherwise  appropri- 
ated. And  that  they  be  authorized  to  proceed  imme- 
diately with  their  work  and  to  report  to  this  Council 
within  three  months  from  the  date  of  their  appoint- 
ment. 

Mayor's  Office,  ) 
Chicago,  May  16,  1802.  j 

To  the  Honorable  the  City  Council : 

Gentlemen — I  herewith  forward  for  your  consid- 
eration the  report,  with  accompanying  maps  and 
plans,  of  the  Chicago  Terminal  Commission. 

The  report  you  will  find  ample  and  comprehensive 
and  well  worthy  of  the  perusal  and  attention  of  your 
Honorable  Body. 

Respectfully  submitted, 

Hempstead    Washburne, 

Mayor. 

The  following  is  the  report  : 

Chicago,  May  12,  1892. 
To  the  Ho?iorable  Hempstead   WasJiburne,   Mayor  of 

the  City  of  Chicago  : 

Dear  Sir — Your  Commissioners  who  were  ap- 
pointed to  examine  the  road  and  constructions  of  all 
terminal  steam  railroads  now  centering  in  Chicago  on 


grade  crossings,  and  to  suggest  a.  remedy  whereby 
grade  crossings  on  all  said  terminal  roads  could  be 
abolished  by  elevation  or  otherwise,  beg  leave  to 
make  the  following  preliminary  report: 

Your  Commissioners,  acting  upon  instructions  con- 
tained in  the  resolution  passed  by  the  City  Council 
February  15,  1892,  whereby  this  commission  was  cre- 
ated, authorizing'  the  Commissioners  to  gather  such 
information  from  abroad  and  at  home  as  would  fully 
advise  them  upon  the  best  methods  to  accomplish  the 
result  for  which  they  were  appointed,  would  say  : 
That  they  started  with  the  Chief  Engineer  of  the 
Commission,  Mr.  Carl  Binder,  on  the  5th  day  of  April 
to  make  a  tour  of  eastern  cities  where  the  same  sub- 
ject has  been  under  consideration,  and  had  been  suc- 
cessfully dealt  with,  to  investigate  how  the  subject 
had  been  handled  by  the  city  authorities,  and  to  profit 
by  their  experience  in  the  solution  of  this  most  impor- 
tant problem  at  home. 

Our  first  visit  was  made  to  the  City  of  Philadel- 
phia ;  here  we  found  the  main  or  terminal  station  of 
the  Pennsylvania  road  opposite  the  City  Hall  or  Mu- 
nicipal Building;  this  station  was  built  about  14  years 
ago.  The  line  to  the  station  from  West  Philadelphia 
is  an  elevated  structure  about  one  mile  long,  having 
three  tracks.  The  ground  floor  of  the  station  is  used 
for  ticket  offices,  baggage  rooms,  and  for  the  entrance 
of  carriages  and  other  vehicles.  Staircases  and  ele- 
vators give  access  to  the  second  floor  where  the  tracks, 
waiting-rooms,  restaurants,  etc.,  are  located.  About 
240  trains  arrive,  and  the  same  number  leave  this  sta- 
tion every  twenty-four  hours.  The  capacity  of  this 
station  is  rather  small  for  the  large  traffic,  and  an  en- 


10 

largement  is  planned  for  the  near  future.  Other  parts 
of  the  ground  floor  of  this  elevated  structure  are  used 
for  storage   rooms,  engine  room  and  freight  station. 

The  freight  is  received  on  the  ground  floor  and  is 
by  hydraulic  lifts  elevated  to  the  second  floor,  and 
loaded  into  the  cars  which  are  run  in  on  side  tracks; 
the  unloading  is  done  in  the  reverse  way.  The  sys- 
tem works  very  satisfactorily  according  to  the  testi- 
mony of  the  Pennsylvania  Railroad  officials,  and  they 
would  not  care  to  go  back  to  the  old  system  under 
any  circumstances. 

The  Philadelphia  &  Reading  Railroad  is  at  present 
building  a  new  elevated  station  in  the  heart  of  the  city, 
at  Market  street,  and  is  to  come  into  this  station  on 
an  elevated  structure.  The  main  part  of  this  elevated 
structure  is  built  as  an  embankment  with  retaining 
walls.  The  streets  are  crossed  by  stone  arches  and 
iron  bridges;  the  station  is  elevated  on  iron  columns. 
Part  of  the  ground  floor  and  basement  of  this  station 
is  already  in  use  as  a  market,  and  is  a  very  fine  exam- 
ple of  how  space  below  elevated  railroads  in  cities 
where  property  is  valuable,  can  be  utilized 

The  City  of  Philadelphia  in  conjunction  with  the 
railroads  is  making  great  effort  to  abolish  all  street 
crossings  at  grade  ;  most  of  them  have  already  been 
abolished,  and  the  rest  will  be  in  the  near  future. 

According  to  the  contour  of  the  locality,  the 
streets  run  over  or  under  the  railroads.  The  city  en- 
gineers of  Philadelphia  recommend,  in  accordance 
with  their  long  experience  in  this  line,  that  15  feet  is 
a  minimum  height  for  subways,  but  in  the  most  in- 
stances they  would  recommend  16  feet;  13  and  14 
feet  have  been  proven  insufficient. 


11 

The  railroad  companies  are  paying  for  all  the  im- 
provements for  the  width  of  their  right  of  way,  while 
the  city  in  some  instances,  jointly  with  the  companies, 
pays  the  damages,  if  any,  and  the  costs  outside  of  the 
right  of  way  of  the  railroad;  but,  as  a  rule,  the  rail- 
road companies  pay  all  the  damages  to  property;  for 
instance,  the  Philadelphia  &  Reading  Railroad  Com- 
pany, with  its  new  entrance  into  Philadelphia,  wanted 
to  make  changes  of  their  line  crossing  Broad  street, 
and,  in  return  for  this,  the  city  requires  the  railroad 
company  to  build  a  viaduct  over  Broad  street.  For 
the  payment  of  damages  alone  the  Philadelphia  & 
Reading  Road  has  filed  a  bond  for  $[,000,000. 

The  city  authorities  are  also  exerting  their  influ- 
ence towards  abolishing  railroad  crossings  at  grade; 
for  instance,  the  crossings  of  the  Philadelphia  & 
Reading  Railroad,  with  the  Pennsylvania  Railroad, 
will  be  abolished  this  year  by  depressing  the  tracks 
of  the  Philadelphia  &  Reading  Railroad.  This  im- 
provement will  cost  about  four  hundred  thousand 
dollars. 

The  Pennsylvania  Railroad  Company  is  at  present 
engaged  in  doing  away  with  the  grade  crossing  of  the 
tracks  of  their  western  and  New  York  divisions,  so 
that  the  tracks  for  the  western  division  will  go  under 
the  New  York  tracks.  This  improvement  involves  a 
great  expenditure. 

We  are  also  informed  by  the  city  authorities  of 
Philadelphia  that  the  Baltimore  &  Ohio  Railroad, 
which  now  comes  into  the  city  of  Philadelphia  at 
street  level,  will  have  to  elevate  before  long,  and  that 
within  two  years  the  street  railroad  grade  crossings  in 
Philadelphia    will  belong  to    the  past.     All  this  has 


12 

been  and  will  be  accomplished  by  mutual  concession 
and  without  legal  proceedings  or  litigation. 

At  Jersey  City  we  found  that  the  Pennsylvania 
Railroad  Company's  tracks  were  elevated  about  three 
years  ago.  Previous  to  the  elevation  of  their  tracks 
the  trains  were  obliged  to  run  through  the  city  very 
slowly,  and  accidents,  whereby  people  were  killed  or 
injured,  were  almost  a  daily  occurrence.  They  now 
run  their  trains  through  the  city  on  this  elevated  struct- 
ure $t  full  speed.  Part  of  the  structure  is  of  solid 
earth  between  retaining  walls,  with  bridges  at  inter- 
secting  streets,  and  about  3,000  feet  of  it  is  of  iron 
bridges,  which  support  four  tracks  with  the  wooden 
ties  and  planking.  The  structure  is  a  very  substan- 
tial one  and  cost  per  lineal  foot,  including  ties  and 
rails,  about  one  hundred  and  fifty  dollars.  The  foun- 
dations have  been  very  expensive;  similar  structures 
could  be  put  up  in  Chicago,  at  present  prices  for  iron, 
excluding  ties  and  rails,  at  about  five  hundred  thous- 
and  dollars  per  mile.  This  elevation,  we  are  informed, 
was  done  at  the  urgent  request  of  the  Pennsylvania 
Railroad  Company,  said  company  paying  all  dam- 
ages and  expenses  of  elevating. 

At  Hartford,  Conn.,  and  Springfield,  Mass.,  the 
Boston  &  Albany  Railroad  has  elevated  its  terminals. 
The  structure  is  partly  iron  trestle  work  and  partly 
solid  earth  between  retaining  walls.  The  depot  at 
Hartford  accommodates  also  the  New  York  &  New 
England  Railroad,  and  the  arrangement,  by  means  of 
subways,  is  so  that  passengers  do  not  cross  the  tracks. 

The  city  of  Boston  and  State  of  Massachusetts  ap- 
pointed a  commission  about  one  year  ago  to  study  the 
question  of  rapid  transit  through  the  city.     This  com- 


13 

mission  has  worked  out  a  plan  for  an  elevated  road 
and  partly  tunnel  through  the  Commons  (a  park  in 
that  city).  This  plan  provides  for  widening  the 
streets  and  connecting  the  different  steam  railroad 
stations.  In  connection  with  this  the  commission  has 
tried  to  improve  the  terminal  facilities  of  the  railroads, 
and  has  given  to  the  different  railroads  one  year's 
time  to  make  detailed  plans  for  such  improvements. 
These  proposed  improvements  for  rapid  transit  are  es- 
timated to  cost  from  sixty  to  seventy  million  dollars. 
A  larger  part  of  this  expense,  however,  will  be  for  the 
proposed  widening  and  straightening  of  streets  and 
for  paying  damages  to  property  in  order  that  the  pro- 
posed elevated  rapid  transit  line  may  connect  with  the 
different  steam  railroad  stations.  The  City  of  Boston 
has  already  done  away  with  a  great  many  street  cross- 
ings at  grade;  for  instance,  the  Boston  and  Albany 
Railroad  has  abolished  all  such  crossings  within  the 
city  limits. 

At  Rochester,  N.  Y.,  the  New  York  Central  and 
Hudson  River  Railway  Company  elevated  their  tracks 
through  the  city  about  nine  years  ago.  The  structure 
is  of  solid  earthwork  between  retaining-  walls,  and  the 
streets  are  crossed  by  the  railroads  on  iron  bridges. 
At  the  time  when  this  work  was  under  consideration 
the  city  obtained  from  the  Legislature  a  right  to  ap- 
point a  commission,  which  was  organized  on  the  26th 
day  of  April,  18S0,  and  ended  their  work  on  the  29th 
day  of  December,  1886.  At  that  date  the  object  for 
which  they  were  appointed  was  accomplished  in  a 
very  satisfactory  manner.  This  commission,  by  an  act 
of  the  Legislature,  was  given  power  to  agree  with  the 
railroad  company  upon  plans  for  elevation  and  also 


14 

for  closing  or  opening  such  streets,  lanes  and  alleys 
as  they  might  deem  proper,  to  make  such  concessions 
as  they  thought  advisable  in  order  to  hasten  the  com- 
pletion of  the  elevated  tracks,  but  they  could  not  sub- 
ject the  city  to  any  portion  of  the  costs  or  damages 
that  might  occur  by  the  elevation  of  the  said  tracks. 
The  entire  cost  was  paid  by  the  New  York  Central  and 
Hudson  River  Railroad  Company  and,  according  to 
the  official  statement  made  by  the  comptroller  of  that 
corporation,  was  $1,726,617.62. 

In  the  City  of  Buffalo  the  question  of  grade  cross- 
ings has  been  agitated  for  a  long  time.  Four  years 
ago  a  commission  was  appointed  to  solve  this  prob- 
lem, and  a  plan  was  designed  for  a  Union  Depot  to 
accommodate  all  of  the  railroads  entering  the  city. 
According  to  this  plan  the  railroads  would  have  been 
elevated  throughout  the  city,  but  as  the  New  York 
Central  and  Hudson  River  Railroad  Company 
claimed  to  have  better  depot  facilities  for  their  own 
roads,  and  as  they  wanted  at  least  the  controlling  in- 
terest in  the  Union  Depot,  this  plan  had  to  be  given 
up.  After  considerable  discussion  with  the  railroads 
a  new  plan  was  made,  which  does  not  make  any  ma- 
terial changes  in  the  present  depot  facdities  and  tracks, 
but  proposes  viaducts  and  subways,  according  to  the 
locality. 

Some  of  the  railroads,  particularly  the  New  York 
Central  and  the  Hudson  River  Railroad,  which  op- 
posed the  Union  Depot  scheme,  have  shown  their  wil- 
lingness to  give  relief  to  the  city  traffic  by  carrying 
out  this  plan,  and  the  other  railroads  will  be  brought 
in  line  by  the  enactment  of  special  laws  by  the  Legis- 
lature of  the  State  of  New  York,  so  that  the  subways 


15 

and  viaducts  will  be  built  by  the  city  with  a  lien  on 
the  property  of  the  railroads  if  they  refuse  to  make 
improvements  as  ordered  by  the  city  authorities.  Ac- 
cording to  some  agreements  already  made,  the  rail- 
roads pay  the  whole  costs  within  their  right  of  way 
and  two-thirds  outside  of  it,  while  the  city  is  to  pay 
the  remaining^  one-third. 

From  our  observations  in  eastern  cities  where  ele- 
vated systems  are  now  in  successful  operation,  we 
have  come  to  the  conclusion  that  railroad  tracks  with- 
in the  city  limits  of  Chicago  as  a  general  rule  can  be 
and  should  be  elevated,  thereby  abolishing  street 
grade  crossings.  We  are  not  prepared  at  present  to 
recommend  how  this  most  important  problem  can  be 
solved,  as  it  involves  so  many  different  interests  which 
should  be  carefully  considered  before  we  can  reach  a 
final  conclusion. 

We  have  been  at  work  daily  since  our  appoint- 
ment and  have  had  meetings  and  consultations  with 
different  railroad  and  city  officials  and  citizens,  and 
we  have  been  over  the  line  of  several  railroads  to  the 
city  limits  and  have  carefully  examined  the  numerous 
street  grade  crossings  of  the  same,  and  we  are  now  at 
work  preparing  plans.  It  is  our  intention  to  go  over 
the  line  of  every  railroad  entering  the  city,  in  order  to 
become  perfectly  familiar  with  the  peculiarities  of 
each  road,  so  that  we  can  recommend  a  plan  for  each 
road  that  will  do  away  with  street  grade  crossings 
within  the  city  limits.  This,  of  course,  will  require 
some  time,  and  as  the  city  council  ordered  us  to  make 
a  report  in  three  months,  we  would  respectfully  ask 
that  the  time  be  extended,  inasmuch  as  we  find  it  im- 
possible to  make  a  clear  and  comprehensive  report  in 


16 

that  time.  We  are,  however,  pushing  the  work  forward 
as  rapidly  as  possible,  and  will  make,  from  time  to 
time,  reports  about  the  terminals  of  the  different  roads. 

In  other  cities  where  the  problem  has  been  of  vast- 
ly less  importance,  it  has  taken  years  to  bring  about 
the  desired  result.  Take  for  instance  the  city  of 
Rochester:  here  the  agitation  of  elevated  tracks  was 
commenced  in  1874,  and  it  was  not  until  1882  that  the 
work  of  elevation  was  actually  begun. 

At  Buffalo  a  commission  has  been  at  work  for  four 
years,  and  has  just  succeeded  in  devising  a  plan  that 
promises  to  solve  the  problem. 

You  will,  therefore,  see  that  Chicago,  the  greatest 
railroad  center  on  this  continent,  and  probably  the 
greatest  in  the  world,  cannot  expect  to  solve  the  prob- 
lem in  three  months  time;  nor  can  your  commission, 
even  in  that  time,  be  expected  to  recommend  a  plan 
that  would  be  at  all  satisfactory. 

On  account  of  sickness  Mr.  Fred  S.  James,  one  of 
the  Commissioners,  was  unable  to  make  the  tour  of 
eastern  cities,  and  therefore  has  not  signed  this  re- 
port. 

Very  respectfully, 

Geo.  Hackney. 
E.  S.  Drever. 
Carl  Binder, 

Chief  Engiiieer. 

Mayor's  Office, 
Chicago,  July  11,  1S92. 

To  the  Honorable,  the  Common  Council : 

Gentlemen — I  herewith  submit  for  your  consid- 
eration the  report  of  the  Railway  Terminal  Commis- 


17 

sion  appointed  by  your  authority,  under  an  order  of 
Feb.  15,  1892. 

It  is  unnecessary  for  me  to  review  this  exhaustive 
and  comprehensive  report,  and  I  therefore  submit  it 
to  you.  I  desire  to  thank  the  members  of  this  Com- 
mission for  their  arduous  and  exhaustive  labors  and 
for  the  able  report  they  submit,  and  trust  it  will  meet 
with  your  favorable  consideration. 

I  desire  personally  to  thank  the  members  of  this 
Commission,  now  that  they  are  about  to  disband,  and 
to  say  I  believe  the  result  of  their  work  will  greatly 
aid  the  City  Council  in  shaping  legislation,  so  much 
needed  by  the  city,  to  render  life  and  limb  secure, 
and  free  our  streets  from  the  burdensome  traffic  now 
so  detrimental  to  our  thoroughfares. 

Respectfully  submitted, 

Hempstead  Washburne, 
Mayor 

To  the  Honorable  Mayor  and  Common   Council  of  the 
city  of  Chicago  : 

Gentlemen — At  the  meeting  of  the  Common 
Council  of  the  city  of  Chicago,  held  Feb.  15,  1892, 
his  Honor  the  Mayor  submitted  a  message  on  the  sub- 
ject of  grade  crossings  of  railroads  and  streets  within 
the  city,  and  the  importance  of  providing,  without 
delay,  the  best  remedy  for  this  evil. 

In  this  message  the  orreat  loss  of  life,  the  incon- 
venience  to  the  public,  the  injury  to  abutting  property 
and  other  considerations,  were  recited  as  showing  the 
pressing  necessity  for  some  immediate  action  to  give 
relief  from  existing  conditions. 


Pursuant  to  the  recommendations  of  the  message, 
the  following  resolution  was  unanimously  adopted  : 

"  Resolved,  that  the  Mayor  be  and  he  is  hereby- 
authorized  to  employ  three  experts,  who  shall  examine 
the  roads  and  construction  of  all  terminal  steam  rail- 
roads now  centering  in  Chicago  on  grade  crossings. 
That  said  three  experts  be  appointed  for  the  purpose 
of  suggesting  a  remedy  whereby  grade  crossing  on 
all  of  said  terminal  roads  can  be  abolished  by  eleva- 
tion or  otherwise. 

"  That  said  experts  be  required  to  report  in  each 
case  some  method  by  which  grade  crossings  can  for- 
ever be  abolished  within  the  City  of  Chicago.  And 
that  they  be  authorized  to  collect  such  information 
from  abroad  and  at  home  as  shall  fully  advise  them 
upon  the  best  methods  to  accomplish  this  result. 
That  the  said  experts  and  such  assistants  as  they  may 
require,  be  paid  from  money  not  otherwise  appropriated. 
And  that  they  be  authorized  to  proceed  immediately 
with  their  work  and  to  report  to  this  Council  within 
three  months  from  the  date  of  their  appointment." 

The  undersigned  having,  in  pursuance  of  said  reso- 
lution, been  appointed  by  his  Honor  the  Mayor  as 
Commissioners  to  examine  and  report  upon  all  the 
questions  covered  by  the  said  resolution,  beg  leave  to 
refer  to  the  former  report  made  by  them,  dated  May 
12,  1S92,  addressed  to  his  Honor  the  Mayor,  and  by 
him  submitted  to  the  Council,  and  published  in  the 
proceedings  of  the  regular  meeting  of  that  body  for 
May  16,  1892. 

By  a  resolution  of  the  Council,  May  23d,  the  time 
of  service  of  this  Commission  was  extended  three 
months  from  that  date. 


19 

Your  Commission  has  continued  its  labors,  and  as 
a  result  thereof,  after  mature  consideration  and  a 
study  of  all  the  problems  involved,  submits  the  follow- 
ing recommendations,  as  being,  upon  the  whole,  the 
best  to  secure  the  results  desired  in  the  interests  of 
the  public,  and  as  we  believe  of  the  railroad  compa- 
nies themselves. 

I. 

By  reason  of  the  division  of  the  City  of  Chicago 
by  the  Chicago  river  into  three  districts,  the  North, 
South,  and  West  sides,  it  is  evident  to  your  Commis- 
sion that  the  different  railroads  entering  the  city 
through  these  districts  must  be  arranged  and  classified 
into  separate  groups. 

II. 

The  necessity  for  the  immediate  adoption  of  some 
plan  for  removal  of  traffic  of  the  steam  railroads  from 
the  surface  of  the  streets  and  highways  of  the  city 
is  imperative  and  unquestionable,  and  should  not 
longer  be  postponed. 

This  necessity  arises  from  the  highest  of  consider- 
ations, namely,  the  protection  of  human  life,  both 
with  respect  to  those  using  the  streets  for  the  primary 
purposes  for  which  they  were  created,  as  well  as  pro- 
tection to  those  traveling  upon,  or  operating  the  trains 
of  the  steam  railroad  lines. 

This  overruling  necessity  found  expression  in  the 
message  of  the  Mayor,  above  referred  to,  and  in  the 
prompt  and  unanimous  action  of  the  Council  thereon, 
and  is  strongly  emphasized  in  the  voice  of  public 
sentiment  by  the  people  and  through  the  press. 


20 

In  this  connection  we  have  had  compiled  statistics 
by  persons  employed  by  us,  showing,  from  6  a.  m.  to 
7  p.  m.,  a  period  of  thirteen  hours,  the  number  of 
vehicles,  street  cars,  street-car  passengers,  pedestrians, 
number  of  delays,  total  time  of  delays,  delays  to 
vehicles,  delays  to  street  cars,  delays  to  street-car 
passengers,  delays  to  pedestrians  and  cost  of  delays 
at  a  number  of  the  principal  intersections  within  the 
city,  from  which  it  will  appear  that  the  item  of  delay 
alone,  computed  on  the  basis  of  a  fair  day's  average 
of  delays  for  the  entire  year,  involves  an  expense  to 
persons,  vehicles,  etc.,  delayed,  of  nearly  one-half  a 
million  dollars  annually,  and  this,  too,  at  only  thirty- 
six  out  of  fifteen  hundred  and  upward  of  crossings. 
A  table  showing  the  foregoing  in  detail  is  submitted 
herewith. 

The  number  of  persons  (not  including  railroad 
employes)  killed  upon  steam  railroad  tracks  within 
the  city  has  been  so  recently  the  subject  of  extended 
discussion  in  the  public  press,  that  it  is  not  necessary 
to  dwell  upon  the  harrowing  details. 

III. 

Your  Commission  is  advised  by  the  law  officers  of 
the  city,  that  as  to  the  control  of  the  streets  and  high- 
ways within  the  city,  its  charter  confers  upon  the  Com- 
mon Council  full  authority  for  preserving  the  streets 
and  highways  to  the  free  and  unrestricted  use  of  the 
public  and  the  protection  of  human  life  in  the  exer- 
cise of  this  right. 

Your  Commission  is  further  advised  that  in  the 
exercise  of  the  powers  so  conferred  upon  it,  the  Com- 


OBSERVATION    OF   CROSSINGS. 


TOTAL   TRAFFIC. 


FOR   THIRTEEN    HOURS:   6   A.   M.  TO   7    I>.  M. 


Streets. 


Harrison 

Twenty-second. 

Thirty-first 

Thirty-ninth   . . 
Forty-seventh    . 

State 

Taylor 

Clark 

Archer  avenue. 

Root   

Fifty-fifth 

Sixty-third 


State. 


Wabash 

Michigan 

Halsted 

State 

Grand  Boulevard 

Clinton  and  Kinzie... . 

May   

Robey 

Lake     

Madison    

Van  Buren 

Twelfth 

Jefferson - 

Ashland  Boulevard  .    . 

Wood   

Western  avenue   

Rush     

Division    

North  avenue 

Chicago  avenue 
Halsted  and  Division. 

Ashland  avenue   

Milwaukee  avenue  . 

Totals  for  one  day. 


Railroads 


L.  S.  &  M.  S.  and  C,  R.  I.  &  P.  R.  Rs. 


L.  S.  &  M.  S.  and  P.,  Ft. 
C.  &  W.  I.  R.  R. 
C.  &  W.  I.  and  others. 
C.  &  W.  I.  R.  R. 


W.  &  C.  R.  Rs. 


St.  Charles  Air  Line. 

Union  Stock  Yards  R.  R. 

C.  &N.  W.  and  P.,  C,  C.  &  St. 

P.,  C,  C.  &  St.  L.  and  C.  &  N. 


R.  Rs 
R.  Rs 


C,  B.  &Q.,  etc. 


C.  &  W.  R.  R. 


C,  M.  &•  St.  P.  R.  R. 


2,475 
1,906 

979 

978 

1,034 

647 

1,960 

2,510 

1-395 

1,681 

384 

711 

3,091 

4,836 
2,734 

918 
1,790 
4,635 

968 

666 

1,179 

708 

699 

2,444 

S89 

500 

547 

1,006 

9,801 

1.389 

992 

1,961 

4,342 

912 

1,119 


33 
293 
470 
123 


661 
526 

433 


232 

1.066 

990 


716 


235 
676 
458 
562 


108 
194 
184 

287 
258 
640 


65 
5,920 
4  163 

',435 


18,605 
'2.7S3 
3,3°S 


i,7H 

50,044 
54,404 


50,044 


3.000 
18.000 
6,000 
6,000 


1.940 
3,083 
1,494 
7,940 
4,000 
8,000 


10,874 
3,"3 
3,753 
2,370 
2.384 
2,S74 
3-322 
1,320 
2, 5 '9 
2,594 

541 
1,685 
3,128 
4,344 
4.462 
8,126 
2,639 
1,428 
5,897 

728 
i,47o 
1,161 
2,852 

857 
2,360 
2,298 
2,417 
1,448 
2.072 
14,724 
3-332 
1,706 
6,359 
4.280 
1,732 
2,012 


129 

100 

92 

158 

26 


192 
160 


52 
60 
71 

68 
144 
20 
49 
123 
77 
43 
54 
IC9 


403 
200 

231 
226 
287 

-120 

278 
26S 

31 
89 

95 
93 
98 
320 
33 
37 
344 
200 

88 
106 
158 
107 
165 
394 
199 
238 
259 

10 
156 
160 

47 


375  9,145  261,94'.  119,181  3,031  16,136 


1.234 
567 
435 
398 
430 
88 
661 

1.233 

599 

656 

8 

Ii2 
362 
408 

457 

1,212 

48 

70 

2,160 

179 

199 

199 

123 

120 

594 

474 


37i 

78 

302 

219 

158 

3'6 

40 

79 


402 

247 
192 

"61 
126 
124 


63 

206 


15,003  I  2,320 


36 

2,520 

1,495 
683 


11,316 
6,002 
1,463 

451 

5.922 
6,820 


1,645 


806 
5-485 
1,218 


912 

'3I 

,148 

77 
625 


1,482 

729 

1,891 

1,279 

770 
234 
47i 
346 
579 
477 
29 
347 
333 
300 

179 
3,031 
173 
45 
1,250 
240 
152 
220 
320 
154 
296 
602 
420 
217 
427 
69 
402 
150 
399 


51,367  I  18,212 


S51  oo 

22  60 
81  10 
54  86 

24  98 

5  12 

28  00 
1 10  26 

88  84 

29  00 

1  12 
>2  93 
70  31 
67  73 
10  23 
76  71 

23  20 
86 

95  58 

6  54 

6  88 
195- 
64  71 
26  17 
50  53 
48  44 

7  84 
13  93 

25  55 

2  81 

15  5t 

15  37 
4  90 

16  83 

1  91 
12  13 


7  R.  R.  tracks;  all  of  them  main;  gates;  view  obstructed;  trains  run  slow. 

4  R.  R.  tracks;  all  of  them  main;  gates;  view  obstructed;  trains  partially, 
6  R.  R.  tracks;  four  of  them  main;  gates;  view  obstructed;  trains  partially. 

8  R.  R.  tracks;  four  of  them  main;  gates;  view  clear. 

13  R.  R.  tracks;  four  of  them  main;  gates;  view  obstructed. 

25  R.  R.  tracks:  four  of  them  main;  no  gates;  view  obstructed  by  cars  and  curves. 

Many  tracks;  all  of  them  main;  gates;  view  obstructed;  trains  run  slow. 

12  R.  R.  tracks;  all  of  them  main;  gates. 

6  R.  R.  tracks;  all  of  them  main;  gates;  view  obstructed  partially;  slowly. 

13  R.  R.  tracks;  four  of  them  main;  gates;  view  clear. 
2  R.  R.  tracks;  both  of  them  main;  gates;  view  clear. 

2  R.  R.  tracks;  both  of  them  main;  gates;  view  obstructed. 

2  R.  R.  tracks:  both  of  them  main;  gates;  view  obstructed. 

2  R.  R.  tracks;  both  of  them  main;  gates;  view  obstructed  partially. 

2  R.  R.  tracks;  both  of  them  main;  gates;  view  obstructed;  trains  run  rapid. 
17  R.  R.  tracks;  all  for  switching;  no  gates. 

2  R.  R.  tracks;  no  gates;  view  clear. 

2  R.  R.  tracks;  no  gates;  view  clear. 

17  R.  R.  tracks;  mostly  main;  some  gates;  view  obstructed;  delays  serious. 
16  R.  R.  tracks;  four  of  them  main:  some  gates;  view  obstructed. 
15  R.  R.  tracks;  four  of  them  main;  some  gates;  view  obstructed  partially. 

7  R.  R.  tracks;  four  of  them  main;  some  gates;  view  clear. 

6  R.  R.  tracks;  four  of  them  main;  some  gates;  view  clear,  partially, 

7  R.  R.  tracks;  four  of  them  main;  some  gates;  view  obstructed  partially  by  cars. 

9  R.  R.  tracks;  four  of  them  main;  some  gates;  view  bad;  curves;  fast  trains;  dangerous. 
27  R.  R.  tracks;  six  of  them  main;  some  gates;  view  obstructed;  trains  run  rapid. 

10  R.  R.  tracks;  six  of  them  main;  some  gates;  view  obstructed;  trains  run  rapid. 
15  R.  R.  tracks;  six  of  them  main;  some  gates;  view  obstructed;  trains  run  rapid. 
9  R.  R.  tracks;  fix  of  them  main ;  some  gates;  not  in  use;  trains  run  rapid. 

1  R.  R.  track;  street  on  heavy  grade;  view  obstructed. 

5  R.  R.  tracks;  three  of  ihem  main;  gates;  trains  run  rapidly. 
7  R.  R.  tracks;  three  of  them  main;  gates;  view  clear. 

4  R.  R.  tracks;  two  of  them  main;  gates;  view  obstructed  by  curves  and  buildings. 

2  R.  R.  tracks;  both  of  them  main;  gates;  view  obstructed;  two  street  car  lines. 
2  R.  R.  tracks;  both  of  them  main;  gates;  view  obstructed,  partially. 

2  R.  R.  tracks;  both  of  them  main;  gates;  view  clear. 

Expense  for  one  year,  thirty-six  crossings S435>82S.20 


21 

mon  Council  has  authority  to  adopt  such  plan  as  it 
may  deem  most  efficient  to  accomplish  this  result. 

\Tour  Commission  is  further  advised  that  this  power 
exists  not  only  with  respect  to  streets  and  highways 
in  existence  when  a  railroad  is  built,  but  as  well 
streets  and  highways  created  subsequent  to  the  con- 
struction of  a  railway. 

Your  Commission  is  further  advised  that  the  power 
so  conferred  upon  the  Common  Council  extends  to 
requiring  the  removal  of  all  steam  railroad  tracks 
from  the  surface  of  the  streets  and  highways  of  the 
city  and  to  granting  permission  to  the  owners  of  such 
tracks  to  elevate  the  same  above  the  surface  of  the 
streets,  or  to  carry  the  same  beneath  the  surface  of 
the  streets,  or  to  carry  such  streets  and  highways 
over  or  under  such  tracks  by  means  of  viaducts  or 
subways,  so  far  as  it  may  deem  advisable. 

Your  Commission  is  fully  convinced,  from  the  ad- 
vice of  the  law  officers  of  the  city,  that  the  Common 
Council  possesses  the  most  ample  and  unquestioned 
powers  for  the  protection  of  the  public  interests  with 
respect  to  the  streets  and  highways  in  the  city. 

IV. 

It  being,  therefore,  not  only  within  the  power  of 
the  Council,  but  its  duty  as  well,  in  the  protection  of 
the  public  interests,  to  adopt  some  means  to  that  end, 
we  are  brought  to  the  consideration  of  several  plans 
which  are  possible  from  an  engineering  point  of  view. 

(a)  The  Subwav  Plan. — The  surface  of  the  City 
of  Chicago  is  so  near  the  level  of  the  water  in  the  lake, 
that  any  subway  plan  involves  an  excavation  for  the 


22 

railroad  tracks,  which  must  be  over  twenty  feet  below 
the  surface  of  the  lake,  in  order  to  escape  contact 
with  sewers,  gas  pipes,  water  pipes,  etc.,  and  secure 
sufficient  head-room  for  the  movement  of  trains. 
This  would  require  the  placing  of  the  rails  in  the  track 
so  that  the  surface  of  the  rails  will  be  not  less  than 
thirty  feet  below  the  surface  of  the  streets. 

Drainage  of  the  track  would  be  necessary,  and 
could  only  be  secured  by  creating  large  reservoirs  at 
stated  intervals,  and  operating  the  same  by  steam 
pumps. 

In  addition,  the  discomforts  to  passengers  arising 
from  insufficient  ventilation,  coal  smoke,  etc.,  would 
make  travel  almost  unendurable,  besides  which,  the 
cost  of  construction,  maintenance  and  operation, 
would  largely  exceed  that  of  either  of  the  other  plans. 

This  plan  may,  therefore,  be  laid  aside  as  wholly 
impracticable. 

(f)  Viaduct  Plan. — The  topography  of  the  City  of 
Chicago  is  such  that  the  streets  and  highways  in  their 
natural  condition  are  practically  level,  and  in  the  ex- 
ercise of  the  powers  conferred  and  the  duties  imposed 
upon  the  Common  Council,  as  above  stated,  they 
should  be  preserved  in  the  same  condition  to  the 
public  use,  unless  there  are  controlling  reasons  to  the 
contrary.  The  construction  of  viaducts  requires  for 
the  protection  of  the  lives  of  those  operating  the  trains 
of  the  railroad  companies  head-room  of  about  twenty 
feet  between  the  top  of  the  rail  and  the  lowest  pro- 
jection of  the  viaduct  above.  This  means  raising  the 
street  above  its  natural  level  not  far  from  twenty-two 
feet. 

As  there  are  within  the  limits  of  the  citv,  more 


23 

than  fifteen  hundred  intersections  of  streets  and  high- 
ways by  steam  railroad  tracks,  consisting  of  from  two 
to  eighty  parallel  tracks,  it  will  be  seen  that  the  adop- 
tion of  the  viaduct  plan  would  involve  the  creation  of 
a  large  number  of  steep  hills  in  the  streets,  thus  con- 
stituting a  serious  obstruction  and  interference  with 
their  free  and  proper  use  by  those  for  whose  use  they 
were  created,  besides  seriously  injuring  adjacent 
property. 

In  addition  to  the  injuries  which  the  public  would 
suffer  from  the  artificial  inequalities  thus  raised  in  the 
streets  and  highways  through  the  diminution  of  the 
loads  to  be  moved,  and  the  interference  with  rapid 
transit,  the  damages  for  which  the  railroad  companies 
would  be  liable,  arising  from  the  change  in  the  grade 
of  the  streets  to  owners  of  the  property  abutting  on 
the  streets  where  these  changes  occur  under  the  pro- 
visions of  the  constitution  of  this  State,  relating  to 
compensation  for  property  damaged,  as  well  as  prop- 
erty taken,  make  this  plan,  in  view  of  your  Commit- 
tee, extremely  objectionable  and  unsatisfactory  to 
the  public. 

The  total  amount  hitherto  expended  for  the  few 
viaducts  built  in  the  city  is  nearly  four  millions  of 
dollars,  to  which  the  city  has  contributed  more  than 
one-third,  and  is  sued  for  damages  to  property  abut- 
ting on  the  viaducts  and  approaches  for  an  amount 
aggregating  more  than  a  million  and  a  half  dollars. 
The  amount  hitherto  expended,  and  the  liabilities  in- 
curred on  account  of  the  few  existing  viaducts, 
shows,  in  our  judgment,  that  that  system  will  involve 
a  very  large  outlay. 

In  addition,  the  cost  of  maintenance,  renewal  and 


24 

repair  of  any  considerable  number  of  viaducts  would 
involve  a  large  annual  outlay. 

It  is  suggested  in  the  interest  of  some  of  the  rail- 
road companies,  that  this  plan  could  be  somewhat 
simplified  and  the  expenses  reduced  by  closing  a 
number  of  the  streets  crossed  by  the  railroad  tracks. 

But  we  cannot  but  believe  that  the  public  inter- 
ests would  suffer  very  much  thereby  ;  experience  has 
shown  that  in  a  great  and  growing  city,  like  the  city 
of  Chicago,  all  the  streets  and  highways  are  abso- 
lutely required  for  the  public  use,  and  in  addition  to 
this,  the  large  damages  which  owners  of  property 
abutting  upon  streets  which  are  turned  into  cul-de-sacs 
by  that  plan,  would  be  altogether  disproportionate  to 
any  good  that  would  flow  either  to  the  public  or  to 
the  railroad  companies. 

(/)  Depression  of  the  Streets  Below  the  Rail- 
roads.— As  the  head-room  for  the  streets,  if  depressed 
below  the  railroad  tracks,  requires  fourteen  to  sixteen 
feet,  and  as  many  of  the  sewers  are  placed  about 
seven  feet  below  the  surface  of  the  streets,  this  plan 
is,  therefore,  and  for  the  reasons  stated  in  plan  a,  en- 
tirely impracticable. 

It  is  obvious  that  a  plan  which  would  involve  the 
entire  reconstruction  of  the  sewerage,  water  and  gas 
systems  of  the  city,  cannot  be  adopted,  and  need  not 
be  further  considered. 

(d)  Modified  Plan,  So-called. — A  plan  has  been 
somewhat  discussed  which  involves  the  partial  eleva- 
tion of  the  railroad  tracks,  and  the  partial  depression 
of  the  streets ;  that  is  to  say,  the  elevation  of  the  rail- 
road tracks  about  eight  feet,  and  the  depression  of 
the  streets  an  equal  distance  from  their  present  level. 


25 

This  plan,  so  far  as  the  depression  of  the  streets  is 
concerned,  embraces  substantially  all  of  the  evils  of 
all  the  plans  already  referred  to,  and  especially  the 
disarrangement  of  the  sewerage,  water  and  gas  pipe 
systems  of  the  city. 

In  addition  to  this,  it  is  extremely  objectionable 
because  it  prevents  the  utilization  of  land  beneath  the 
railroad  tracks,  at  points  where  its  use  is  demanded 
for  storage  and  other  business  purposes. 

In  connection  with  this  plan  the  suggestion  has 
also  been  made  that  certain  streets  be  vacated.  We 
have  already  adverted  to  the  objectionableness  of  this 
feature,  and  our  remarks  need  not  be  repeated  here. 

This  plan  would  also  involve  the  damages  which 
abutting  owners  would  suffer  and  be  entitled  to  re- 
cover under  the  constitutional  provision  above  re- 
ferred to,  arising  from  changes  in  the  established 
grades  of  the  streets. 

(e)  The  Elevated  Plan. — This  plan  contemplates 
the  entire  separation  of  the  traffic  of  the  streets  from 
the  traffic  of  the  railroads,  thus  securing  the  restora- 
tion of  the  streets  and  highways  of  the  city  to  all  the 
uses  and  purposes  for  which  they  were  originally 
created.  This,  in  the  opinion  of  your  Commission,  is 
the  only  plan  which  is  sufficiently  comprehensive  to 
meet  all  the  requirements  of  the  present  and  the 
future  of  this  city. 

Any  plan  to  be  satisfactory  must  provide  not  only 
that  existing  restrictions  be  removed,  but  must  also 
admit  of  the  widest  development  and  expansion  of 
the  traffic  upon  the  streets  and  highways  of  the  city 
and  the  railroads  entering  it. 

In   dealing   with   this   problem,  which   is,  beyond 


question,  the  most  important  one  confronting  this  city 
in  its  business  and  other  interests,  any  partial  solu- 
tion, which  will  be  merely  a  tempory  makeshift,  will 
be  altogether  unacceptable  to  the  public  and  unwise 
in  every  respect. 

As  Chicago  is  now  one  of  the  most  important 
railroad  centers  of  the  world,  and  is  clearly  destined 
in  the  near  future  to  lead  all  other  cities  on  this  con- 
tinent in  the  struggle  for  commercial  supremacy,  we 
believe  that  this  question  should  now  be  dealt  with 
on  the  most  comprehensive  basis  once  for  all. 

Your  Commission  are  of  opinion  that  at  an  early 
day  the  government  of  the  city  should  take  steps  to 
cause  the  different  railroad  companies  now  occupying 
the  streets  and  highways  of  the  city  with  their  tracks, 
to  remove  the  same  and  restore  the  streets  and  higfh- 
ways  to  the  same  uses  for  which  they  were  originally 
intended. 

The  present  crowded  condition  of  the  streets,  the 
difficulty  in  transacting  business,  and  the  certainty 
of  a  larcre  increase  in  the  volume  of  travel,  trade  and 
business  upon  the  streets  in  all  parts  of  the  city, 
make  this  plan  an  imperative  necessity. 

In  making  these  recommendations,  your  Commis- 
sion are  not  unmindful  of  the  expense  and  inconven- 
ience which  will  be  occasioned  by  their  adoption,  but 
we  are  of  opinion  that  these  disadvantages  will  be 
more  than  overbalanced  by  the  increased  facilities 
which  the  railroad  companies  will  have,  and  the 
diminished  expense  of  maintenance  and  operation  of 
their  lines.  It  is  an  undeniable  hardship  to  railroad 
companies  which  have  but  recently  constructed  ex- 
pensive viaducts  by  order  of  the  city  authorities,  to 


27 

now  be  compelled  to  adopt  other  and  different  plans 
for  protecting  the  public  interests  in  the  streets  of  the 
city,  but,  as  above  stated,  your  Commission  are  of 
the  opinion  that  these  individual  instances  ought  not 
to  stand  in  the  way  of  the  public  interests,  which 
demand  a  more  perfect  and  comprehensive  system. 
Besides,  it  must  not  be  overlooked  that  the  viaduct 
system  of  the  city  is  at  present  only  in  its  infancy, 
and  if  pursued  as  a  permanent  policy,  hundreds  of 
others  must  be  erected  at  an  expense  enormously 
greater  than  has  been  incurred  up  to  the  present  time. 

In  addition,  the  greater  number  of  viaducts 
already  constructed  were  constructed  at  the  joint 
expense  of  the  railroad  companies  and  the  city,  and 
there  are  now  pending  suits  against  the  city  in  behalf 
of  abutting  property  owners  injured  by  the  change 
in  the  grade  of  streets,  resulting  from  the  construc- 
tion of  these  viaducts  and  approaches,  aggregating 
one  and  one-half  millions  of  dollars,  from  which  the 
city  and  the  railroad  companies  would  be  relieved 
by  the  adoption  of  the  elevated  plan.  It  is  perfectly 
manifest  that  the  location  of  the  railroads  within  the 
city  limits  relatively  with  each  other,  and  the  topog- 
raphy of  the  city,  are  such  in  the  different  districts, 
that  the  elevated  plan  in  one  portion  and  the  viaduct 
or  a  different  plan,  in  another  portion,  cannot  be  suc- 
cessfully carried  out,  with  a  due  regard  to  all  inter- 
ests. 

Another  element  to  be  considered  in  connection 
with  this  subject  is  the  great  expense  indispensable 
in  the  maintenance  and  renewal  of  viaducts  which, 
as  we  have  been  informed,  has  in  whole,  or  in  part, 
been  assumed   and   hitherto  paid   by  the   city.     We 


28 

have  no  hesitation  whatever  in  expressing  the  confi- 
dent opinion,  that  in  view  of  existing  conditions,  and 
taking  into  consideration  the  future  growth  of  the 
city,  and  its  commercial  interests,  the  plan  which  we 
recommend  will  be  cheaper,  better,  more  efficient  and 
more  satisfactory  than  any  other.  The  experience  of 
eastern  cities  in  the  United  States  and  of  all  the 
large  cities  of  Europe,  confirms  this  opinion. 

The  City  of  Chicago,  more  than  any  other,  re- 
quires and  demands  the  best  and  most  improved 
facilities  known  to  modern  science. 

Your  Commission  do  not  feel  that  it  is  required 
or  warranted  in  going  voluminously  into  the  minute 
details  of  the  plan  which  they  recommend.  They 
deem  it  sufficient  to  say  that  in  their  judgment,  as 
confirmed  by  the  experience  of  the  city  authorities  of 
Philadelphia  and  other  cities,  the  elevated  railway 
should  be  so  constructed  as  to  leave  not  less  than 
sixteen  feet  in  the  clear  between  the  top  of  the  curb 
and  the  lowest  projection  of  the  elevated  railway. 

They  also  believe  from  the  investigations  which 
they  have  conducted  that  there  will  be  no  serious 
difficulty  in  accommodating  the  industries  of  the  city 
by  the  elevated  plan.  It  is  believed  that  industries 
now  enjoying  railway  facilities  can  be  rearranged 
with  but  little  expense  so  that  they  may  be  accom- 
modated with  railway  facilities,  and  that  when  so 
rearranged,  the  business  may  be  transacted  much 
more  expeditiously  and  economically. 

Freight  houses,  several  stories  high,  can  be  built 
and  so  arranged  that  cars  may  be  run  to  any  story 
by  means  of  hydraulic  lifts  and  switches,  and  han- 
dled by  hydraulic   power,  thus  dispensing   with   the 


29 

expensive  and  cumbersome  methods  and  appliances 
now  in  use. 

It  is  well  known  that  in  convenient  localities  the 
lands  necessary  for  freight-house  purposes  command 
high  prices,  and  railroad  companies  can  scarcely 
afford  to  own  the  lands  required  for  terminal  pur- 
poses, when  they  have  only  the  use  of  the  surface  of 
the  lands  for  the  purpose,  whereas  the  plan  which 
multiplies  this  by  the  use  of  many  stories,  reduces 
the  capitalization  necessary  for  furnishing  the  public 
the  facilities  required. 

A  number  of  the  streets  in  the  city  are  occupied 
lengthwise  by  railroad  tracks,  in  many  instances 
entirely  excluding  the  public  therefrom. 

We  are  advised  by  the  Corporation  Counsel  that 
the  Supreme  Court  of  this  State  has  recently  decided 
that  the  City  Council  has  no  authority  to  permit  or 
grant  the  right  to  railroad  companies  to  use  the  streets 
to  an  extent  which  excludes  the  public  therefrom. 

We  are  further  advised  that  this  decision  was 
made  in  a  case  concerning  the  use  of  Archer  avenue 
in  this  city,  which  is  now  occupied  lengthwise  by  the 
Chicago,  Madison  &  Northern  Railroad  Company  (a 
corporation  owned  or  controlled  by  the  Illinois  Cen- 
tral Railroad  Company  and  the  Atchison,  Topeka  & 
Santa  Fe  Railroad  Company,  the  interest  of  the 
Atchison,  Topeka  &  Santa  Fe  Railroad  Company 
having  passed  to  the  Chicago  Elevated  Terminal 
Railway  Company;  under  which  the  Atchison,  To- 
peka &  Santa  Fe  Railroad  Company  is  now  using  the 
same). 

The  distance  which  this  street  is  thus  occupied  is 
about    1,450  feet;  and,  in   our  judgment,  immediate 


30 

steps  should  be  taken  to  recover  the  use  of  all  the 
streets  in  the  city  so  occupied. 

The  necessity  for  early  and  prompt  action  in  re- 
claiming- and  recovering  the  use  and  possession  of 
streets  occupied  lengthwise  by  railroad  tracks  is 
emphasized  by  the  effect  of  delay  on  the  part  of  the 
city,  which,  as  your  Committee  is  informed,  resulted 
in  its  losing  valuable  rights  in  the  litigation  between 
the  city  and  the  Illinois  Central  Railroad  Company. 

Attention  is  also  called  to  the  fact  that  one  or 
more  of  the  railroad  companies  entering  the  city  are 
now  claiming  a  portion  of  Clark  street  as  belonging 
to  them,  and  have  erected  walls  in  the  street  for  the 
purpose  of  emphasizing  that  claim. 

Railroad  companies  can,  undoubtedly,  by  agree- 
ment, greatly  reduce  the  expense  to  themselves  of 
the  improvements  in  question.  If  they  can  reconcile 
their  respective  interests,  they  will  be  able  in  the  dis- 
tricts referred  to,  to  come  in  together  in  parallel  lines 
to  a  joint  passenger  depot,  and  create  freight  houses 
and  other  terminal  facilities,  and  relieve  much  of  the 
property  now  owned  or  occupied  by  them,  so  that  it 
may  be  used  for  business  and  other  purposes. 

The  lines  in  the  Southern  District,  so-called,  could 
stop  at  Twenty-second  street,  and  join  in  the  erection 
of  an  elevated  union  passenger  depot  (the  same  as  is 
now  done  on  the  surface  on  the  West  Side,  at  Canal 
and  Madison  streets)  of  a  size,  plan  and  character 
sufficient  to  accommodate  all  the  business  they  now 
have  or  would  be  likely  to  have  in  the  future,  thus  re- 
lieving a  large  amount  of  property  lying  north  of 
Twenty-second  street,  now  used  by  them,  and  which 
is  demanded   at   the  present   time   for  business  pur- 


31 

poses,  and  relieve  the  city  from  the  necessity  of  con- 
structing the  extremely  high  buildings  now  in  the 
course  of  construction  on  account  of  the  circum- 
scribed area  to  which  business  is  confined  at  the 
present  time. 

The  lines  of  the  West  Side,  North  Side  and  South 
Side  Districts,  so-called,  should  be  excluded  from 
the  streets  within  the.  following  boundaries,  to  wit: 
On  the  west,  by  the  west  line  of  Canal  street,  on  the 
north  by  the  north  line  of  Kinzie  street,  and  on  the 
south  by  the  south  line  of  Twenty-second  street. 

We  have  had  the  valuations  fixed,  by  the  Valua- 
tion Committee  of  the  Chicago  Real  Estate  Board, 
of  the  real  estate  (excluding  all  improvements)  lying 
between  Madison,  Twenty-second,  State  and  Canal 
streets,  owned  by  the  railroad  companies,  containing 
11,616,719  square  feet,  and.submit  herewith  their  cer- 
tificate showing  the  value  of  said  real  estate  at  the 
present  time  to  be  upward  of  fifty  millions  of  dollars, 
together  with  maps  of  such  real  estate. 

The  amounts  which  the  railroad  companies  could 
thus  realize  from  the  sale  of  the  lands  owned  by  them 
which  would  be  unnecessary  for  use  under  the  forego- 
ing plan,  would  go  far  toward  defraying  all  the 
expenses  to  which  they  would  be  put  for  the  im- 
provements in  question. 

It  ought,  perhaps,  to  be  mentioned  that  inasmuch 
as  the  Common  Council  has  granted  to  the  Chicago 
Elevated  Terminal  Railway  Company  the  right  to 
construct,  maintain  and  operate  an  elevated  railroad 
as  far  north  as  the  south  line  of  Twelfth  street,  that 
the  other  railroad  companies  on  the  South  Side 
should  not  be  restricted  to  Twenty-second  street,  un- 


less  the  Chicago  Elevated  Terminal  Railway  Com- 
pany shall  also  be  restricted  in  the  same  manner. 

The  St.  Charles  Air  Line  Railroad  Company,  a 
corporation  owned  or  controlled  by  the  Chicago,  Bur- 
lington &  Quincy  Railroad  Company,  the  Chicago  & 
Northwestern  Railroad  Company,  the  Illinois  Cen- 
tral Railroad  Company,  and  the  Michigan  Central 
and  Lake  Shore  &  Michigan  Southern  Railroad 
Company,  owns  side  tracks  extending  from  the 
south  branch  of  the  Chicago  river  to  a  point  of 
connection  with  the  Illinois  Central  Railroad  track 
east  of  Michigan  avenue  to  a  point  between  Fif- 
teenth and  Sixteenth  streets,  which  crosses  many 
important  streets,  and  is  exclusively  used  for  trans- 
fers. 

Inasmuch  as  the  elevation  of  this  railroad  would 
interfere  with  the  Alley  Elevated  Road,  which  is  now 
in  operation  from  a  point  near  Van  Buren  street,  south 
to  Fortieth  street,  and  is  destined  to  be  one  of  the 
main  passenger  lines  of  the  city,  and  inasmuch  as  the 
railroad  companies  entering  the  city  have  substantial- 
ly all  become  owners  of  the  Chicago  Union  Transfer 
Railway,  and  as  the  latter  has  established  facilities  in 
the  suburbs  in  the  city,  for  the  interchange  of  freight 
traffic  between  all  the  railroads  entering  the  city,  to 
remove  as  far  as  possible  from  the  business  portion  of 
the  city  the  transfers  between  them,  and  inasmuch  as 
the  traffic  interchanged  between  the  Chicago,  Madi- 
son &  Northern  Branch  of  the  Illinois  Central  and  its 
main  line  can  be  effected,  as  far  as  its  freight  business 
is  concerned,  through  the  instrumentality  of  the  Chi- 
cago Union  Transfer  Railway,  and  so  far  as  its  pas- 
senger business  is  concerned,  by  the  Belt  Lines  exist- 


33 

ing  in  and  about  the  city,  and  inasmuch  as  we  are  not 
able  to  find  the  said  St.  Charles  Air  Line  R.  R.  Co. 
has  any  right  to  maintain  said  tracks  permanently,  we 
recommend  that  the  same  be  removed. 

All  that  portion  of  the  tracks  of  the  Union  Stock 
Yards  &  Transfer  Company  lying  east  of  their  pres- 
ent connection  with  the  Lake  Shore  and  Rock  Island 
Companies  should  be  absolutely  removed,  as  there  is 
no  longer  any  use  for  their  continuance  east  of  that 
point,  there  being  connection  between  their  tracks 
westerly  therefrom  and  all  railroads  entering  Chica- 
go either  directly  or  through  the  instrumentality  of 
the  various  Belt  Lines  ;  and  the  remainder  of  the 
tracks  of  this  company,  inside  of  the  city  limits,  should 
be  elevated,  as  their  connecting  lines  are  required  to 
elevate,  as  above  recommended. 

The  adjustment  of  matters  by  the  railroad  com- 
panies among  themselves  so  as  to  come  in  in  groups  in 
parallel  lines  would  entirely  do  away  with  the  vast 
expense  and  great  danger  now  arising  from  the  vast 
number  of  complicated  and  dangerous  intersections 
now  existing  in  the  City  of  Chicago. 

It  is  remarked  among  railroad  men  that  the  most 
complicated  network  of  railway  intersection  in  the 
civilized  world  is  to  be  found  in  the  City  of  Chicago. 
The  delay  occasioned  thereby,  the  expense  resulting 
from  the  construction  and  maintenance  thereof,  the 
great  number  of  collisions  and  the  consequent  injury 
to  persons  and  property  which  have  resulted  there- 
from, suggest  in  the  strongest  terms  the  necessity  of 
adopting  measures  for  relief. 

Another  great  advantage  gained  from  the  elevat- 
ed plan  will  be  the  impossibility  of   persons  getting 


upon  the  tracks  and  endangering  their  lives,  and  those 
of  persons  upon  the  railway  trains. 

Every  one  is  familiar  with  the  custom  of  people 
using  the  railway  tracks  as  a  highway  in  passing  from 
point  to  point. 

The  elevations  which  the  foregoing  plan  contem- 
plates could  be  accomplished  in  sections  and  gradu- 
ally, so  as  to  relieve  railroad  companies,  as  far  as  the 
public  interests  will  permit,  from  an  immediate  outlay 
for  the  entire  work. 

In  conclusion  we  desire  to  sav  that  we  have  care- 
fully  examined  the  terminal  facilities  of  the  most  im- 
portant railroad  companies  of  the  United  States  in  the 
largest  cities,  including  Philadelphia,  New  York,  Jer- 
sey City,  Boston  and  Rochester. 

We  have  consulted  eminent  engineers,  leading 
railway  men  of  the  United  States,  the  publications  of 
the  important  railways  of  Europe,  and  especially  the 
portions  bearing  on  elevated  tracks  and  elevated  ter- 
minal facilities. 

We  have  examined  large  warehouses  in  New  York 
City,  operated  by  hydraulic  power,  owned  by  the 
leading  wholesalers,  where  elevators  are  used  for 
transferring  teams  from  story  to  story,  and  have  giv- 
en the  entire  subject  our  best  thought,  and  have  de- 
voted nearly  our  entire  time,  since  our  appointment, 
to  the  subject,  and  we  are  fully  convinced  of  the  en- 
tire practicability  of  elevating  railroad  tracks  and  ter- 
minal facilities  within  this  city,  and  that  it  is  decided- 
ly the  best  plan  which  can  be  adopted  in  this  city,  for 
the  best  interests  not  only  of  the  public,  but  the  rail- 
road companies  themselves. 

Elevated  railroads  and  elevated  terminal  facilities 
are  no  longer  an  experiment;  experience  has  demon- 


35 

stratecl  that  they  are  the  most  efficient  and  economi- 
cal method  of  handling  a  large  and  extensive  business 
in  a  city  whose  business  is  so  large  and  varied  as  that 
of  the  City  of  Chicago. 

All  the  materials  for  the  construction  of  elevated 
railroads  and  terminal  facilities  are  erected,  and  cheap- 
ly too,  by  manufacturers  within  the  City  of  Chicago. 

Elevated  railroads  would  enable  quicker  transit 
between  the  business  portion  of  the  city  and  its  sub- 
urbs; the  danger  now  existing  at  street  intersections 
would  be  entirely  removed;  the  proneness  of  people 
to  make  a  thoroughfare  of  railroad  tracks  would  be 
entirely  done  away  with,  and  all  the  grievous  loss  of 
life  and  injury  now  existing  would  be  entirely  stopped, 
and  all  the  vast  expense  to  which  railroad  companies 
are  now  subjected  for  policing  their  tracks,  the  estab- 
lishment and  operation  of  gates,  fences,  guards, 
watchmen,  lights,  etc.,  would  be  entirely  avoided. 

The  expense  of  handling  freight  traffic,  with  the 
new  and  improved  terminal  facilities  above  suggested, 
would  be  largely  reduced. 

We  submit  herewith  two  opinions  of  the  Corpora- 
tion Council  of  this  city,  which  have  already  been  re- 
ferred to  in  the  foregoing. 

Having  now  accomplished  the  purposes  for  which 
we  were  appointed,  as  far  as  lies  in  our  power,  and 
thanking  the  Common  Council  and  his  Honor  the 
Mayor  for  the  confidence  reposed  in  us,  we  submit 
the  foregoing  as  our  final  report,  and  beg  to  tender 
herewith  our  resignations. 

Dated,  Chicago,  Ills.,  July   11,  1892. 

(Signed)  Geo.  Hackney. 

E.  S.  Dreyer. 
Fred  S.  James. 


3G 

Chicago,  March  24,  1892. 

John  S.  Miller,  Esq.,  Corporation  Counsel,  City  Hall, 
City  : 

Dear  Sir — Is  there  any  decision  by  the  court  reg- 
ulating the  laying  of  railroad  tracks  in  our  public 
streets,  and  have  the  railroad  companies  a  right  to  lav 
tracks  and  occupy  the  public  streets  of  Chicago  ? 
Have  the  Council  aright  to  grant  permission  to  a  rail- 
road company  or  other  corporations  to  lay  tracks  in 
said  public  streets  ?  We  have  noticed  in  the  press 
that  the  Supreme  Court  of  the  State  has  rendered  a 
decision  on  this  subject  lately. 

A  delegation  of  citizens  has  called  upon  us  late- 
ly to  get  us  to  recommend  the  laying  of  about  twen- 
ty-five additional  tracks  on  the  Chicago,  Pittsburg  & 
Ft.  Wayne  line  and  51st  street.  Should  we  recom- 
mend the  request  of  the  Ft.  Wayne  Co.  it  will  become 
necessary  for  us  to  also  recommend  that  said  railway 
company  shall  be  allowed  to  lay  their  tracks  on  a  num- 
ber of  street  crossings. 

An  early  reply  to  the  above  questions  will  greatly 

oblige 

Yours  truly, 

Geo.  Hackney,  Chairman. 

Chicago,  March  2S,  1892. 

George    Hackney,    Esq.,    Chairman,    1306    Chamber    0/ 
Commerce  : 

Dear  Sir — In  reply  to  yours  of  the  24th,  in  regard 

to  the  right  of  railroads  in   the  streets,  I  beg  to  say  : 

Railroad  companies  have  no  right  to  lay  railroad 


37 

tracks  in  or  across  the  public  streets  without  the  au- 
thority of  the  City  Council.  The  City  Council  has 
the  power,  however,  to  grant  such  permission,  such 
power  being  limited  as  hereinafter  mentioned.  This 
power  is  contained  in  the  city  charter.  The  charter 
provides,  however,  that  the  City  Council  shall  have  no 
power  to  grant  the  use  of  or  right  to  lay  down  any 
railroad  tracks  in  any  street  except  upon  the  petition 
of  the  owners  of  land  representing  more  than  one- 
half  of  the  frontage  of  the  street  or  so  much  as  is 
sought  to  be  used. 

The  City  Council  would  have  the  power  by  ordi- 
nance to  grant  the  Pittsburg,  Ft.  Wayne  &  Chicago 
Railroad  Company  the  right  to  lay  the  tracks  you 
speak  of  across  the  streets  in  question. 

This  power  of  the  City  Council  has  been  recog- 
nized  by  the  Supreme  Court  in  numerous  decisions. 

Moses  v.  Pittsburg,  Ft.  Wayne  &  C.  R.  R. 

Co.,  21  111.  516. 
St.  Louis,  A.  &  H.  R.  R.  Co.  v.  Belleville, 

20  App.  Ct.  R.  580. 
Chicago  Dock    Co.    v.    Garrity,     115   111.   R. 

161. 
Ohiey  v.   Wharf,  115  111.  R.  520. 

The  City  Council  cannot,  however,  grant  to  the 
railroad  company  an  exclusive  use  in  the  streets,  so  as 
to  give  it  the  right  to  exclude  the  ordinary  public  trav- 
el on  the  streets,  but  can  only  give  such  a  use  as  may 
be  consistent  with  and  still  permit  such  ordinary  trav- 
el with  reasonable  safety  and  convenience. 

The  late  case  to  which  you  refer,  is,  I  apprehend, 


38 

the  case  of  Ligare  v.  City  of  Chicago.  In  that  case  the 
Supreme  Court  laid  down  the  principle  last  mentioned, 
and  held  an  ordinance,  giving  the  Chicago,  Madison 
&  Northern  R.  R.  a  right  on  a  per  tion  of  Archer  ave. 
to  be  void,  because  that  ordinance,  as  the  Supreme 
Court  held,  assumed  to  give  the  railroad  company  an 
exclusive  right  in  the'  street  over  the  right  of  public 
travel,  and  so  as  to  exclude  public  travel  from  that 
portion  of  the  street. 

Yours  truly, 
John  S.  Miller,  Corporation  Counsel. 

Opinion  of  Corporation  Counsel  Miller  Regard- 
ing Elevated  Terminals.  Submitted  to  the 
Special  Committee  of  the  Common  Council, 
September   19,    1891. 

Gentlemen — You  ask  my  opinion  as  to  the  power 
of  the  City  Council  (1)  to  require  railroad  companies 
to  elevate  their  tracks,  or  (2)  to  require  them  to  con- 
form their  tracks  to  the  grade  of  streets.  In  my  opin- 
ion the  council  has,  in  each  case,  such  power. 

The  charter  of  the  city  gives  the  power  to  the  City 
Council,  among  other  things,  "to  provide  for,  and 
change  the  location,  grade  and  crossings  of  anv  rail- 
road  "  (art.  5,  sec.  1,  clause  25),  and  "  to  require  rail- 
road companies  to  provide  protection  against  injury  to 
persons  and  property  in  the  use  of  such  railroads," 
and  "  to  compel  railroad  companies  to  raise  or  lower 
their  tracks  to  conform  to  any  grade  which  may  at 
any  time  be  established  by  the  city."  (Ld.,  clause  27.) 
I  think  these  provisions  of  the  charter  cover  the 
ground,  and  they  are  valid  as  a  grant  of  police  power 


39 

even  as  against  the  railroad  companies  whose  tracks 
existed  in  or  crossed  the  streets  of  the  city  at  the  time 
of  the  passage  of  the  act.  Of  this  grant  of  power  to 
provide  or  change  the  location,  grade  and  crossings 
of  railroads,  the  Supreme  Court  has  said  that  "  the 
law  leaves  to  the  discretion  of  the  City  Council  the 
question  as  to  the  cases  in  which  the  power  shall  be 
exercised  and  the  question  as  to  what  provisions  shall 
be  made  upon  the  subject  in  each  case.  Over  this  dis- 
cretion the  courts  have  no  contol."  (C  and  //".  /.  R. 
R.  Co.  v.  Dunbar,  ioo  111.  135/  Tudor  v.  Chicago  and 
South  Side  Rapid  Transit  Co.,  not  reported.)  This 
power  refers  to  the  location  of  the  railroad  upon  the 
property  of  the  company  as  well  as  the  grade  and 
crossings  of  streets,  and  the  power  of  the  railroad  com- 
panies to  locate  their  line  is,  in  cities  incorporated  un- 
der the  general  law,  subject  to  such  provision  in  this 
respect  as  the  City  Council  may  lawfully  make.  The 
City  Council  is  also  given  the  power  by  the  charter 
"  to  regulate  the  use  of  the  streets  "  and  "  to  pass  and 
enforce  all  necessary  police  ordinances."  This  is  a 
grant  of  all  necessary  police  power,  which  is  to  pass 
and  enforce  any  ordinances  of  laws  within  the  limits 
of  the  city  which  are  reasonably  necessary  to  the  pub- 
lic safety,  health  and  welfare.  Such  power  in  the 
City  Council  are  inalienable.  From  such  police  pow- 
ers, when  properly  exercised  by  the  Legislature  or 
City  Council,  even  vested  private  rights  are  not  ex- 
empt. 

But  the  property  and  business  of  railway  compa- 
nies are  "clothed  with  a  public  interest;"  in  the  lan- 
guage of  the  Supreme  Court  of  the  United  States, 
"submit  to  be  controlled  by  the  public  for  the  com- 


40 

mon  good."  (_Munn  v.  Illinois,  94  U.  S.  126  /  Georgia 
Banking  Co.  v.  Willenberg,  11 7  111.  203.)  The  public 
control  for  the  common  good,  within  the  city  and  as 
to  the  matter  in  question  here,  is  clearly  vested  in  the 
City  Council.  It  extends  so  far  as  may  be  necessary 
to  protect  the  public  against  danger. 

Railways  in  this  State  are  declared  by  the  consti- 
tution of  the  State  to  be  public  highways,  and  are  as 
such  subject  to  regulation  and  control  by  public  au- 
thority. (Constitution,  art.  xi.,  sec.  12.)  The  streets 
of  the  city  are  held  in  trust  for  the  use  of  the  entire 
public,  and  the  grant  to  railroad  companies  of  the 
right  to  use  or  cross  streets  is  justified  in  law  upon  the 
ground  that  such  use  is  one  of  the  proper  public  uses 
of  the  streets.  But  such  rights  of  railroad  companies 
is  public  right,  and  must  be  always  subject  to  such 
conditions  and  regulations  as  shall,  in  the  judgment 
of  the  government  authorities,  be  reasonably  nec- 
essary for  the  common  good.  The  authority  here  is 
the  City  Council,  and  its  power  to  regulate  and  con- 
trol such  uses  of  the  streets  for  the  best  interest  of  the 
entire  public  is  exclusive  and  ample.  The  doctrine  of 
the  vested  rights  has  no  proper  application  to  the 
rights  of  railway  companies  in  their  use  of  public 
streets.  It  is  vested  private  rights  that  are  protected 
by  the  constitution  from  invasion  by  legislation.  It 
is  private  property  that  the  constitution  provides  shall 
not  be  taken  or  damaged  for  public  use  without  just 
compensation.  These  constitutional  guarantees  do 
not  apply  to  save  public  rights  from  control  by  the 
public  for  the  common  good.  There  can  be  no  vested 
right  in  a  public  agency  which  saves  it  from  govern- 
mental control.     There  can  be  no  vested  right  in  a 


41 

railway  company  (whose  business  and  property  are 
pitblici juris,  and  whose  road  is  a  public  highway)  to 
the  use  of  the  public  streets  of  the  city  which  is  not 
subject  to  such  regulations  and  legislation  as  the  ne- 
cessity of  the  public  who  travel  such  streets  may,  in 
the  judgment  of  the  City  Council,  reasonably  require. 

The  power  above  mentioned  applies,  in  my  opin- 
ion and  for  reasons  above  given,  to  streets  laid  out 
and  now  existing  over  the  right  of  way  of  a  railroad 
company,  as  well  as  to  streets  existing  when  the  rail- 
road track  was  laid. 

There  is  another  principle  of  the  law  that  I  think 
ample  in  the  premises.  It  is  that  where  a  railroad 
company  is  given  the  right  to  cross,  to  lay  down  and 
operate  its  tracks  upon  a  public  street,  such  right  does 
not  authorize  it  to  appropriate  any  part  of  the  street 
to  the  exclusion  of,  or  material  interference  with,  pub- 
lic travel  thereon.  With  the  grant  of  such  rights, 
there  is  imposed  upon  the  railroad  company  the  duty 
to  restore  the  streets  so  that  it  may  be  safely  and  con- 
veniently used  by  the  public,  and  to  maintain  such 
necessary  structures  as  to  do  whatever  is  required  to 
make  the  streets  reasonably  safe  and  convenient  for 
public  travel.  This  duty  is  a  continued  one,  and  re- 
quires that  that  be  done  from  time  to  time,  which,  un- 
der changing  conditions  as  they  may  arise,  is  reason- 
ably necessary.  It  is  not  satisfied  by  making  the 
streets  safe  and  convenient  at  the  time  that  the  track 
is  laid  or  at  any  one  time;  but  whenever,  by  reason  of 
the  increase  of  its  own  traffic  or  of  the  public  travel 
upon  the  streets,  anything  further  or  additional  be- 
comes necessary  to  make  the  streets  so  safe  and  con- 
venient, it  is  the  duty  of  the  railway  company  to  make 


42 

such  alterations  as  may  meet  the  needs  of  the  public 
who  have  occasion  to  use  the  streets.  The  above  prin- 
ciple, as  applied  to  the  streets  as  existing  when  rail- 
road tracks  were  laid,  does  not  depend  upon  any  stat- 
ute, but,  as  stated  by  the  Supreme  Court  of  Illinois, 
"is  a  well  settled  principle  of  the  common  law  resting 
upon  the  obvious  considerations  of  justice."  {People 
v.  C.  &  A.  R.  R.  Co.,  67  111.  119.)  It  is,  however,  ex- 
pressly provided  by  statute  in  this  State  that  "hereaf- 
ter, at  all  the  railroad  crossing's  of  highways  and  streets 
in  this  state,  the  several  railroad  corporations  in  this 
state  shall  construct  and  maintain  said  crossing's 
and  the  approaches  thereto  within  their  respective 
rights  of  way,  so  that  at  all  times  they  shall  be  safe 
as  to  persons  and  property."  (Rev.  Stat.,  chap.  114, 
sec.  41.)  This,  applied  as  to  streets  existing  when  the 
tracks  were  laid,  adds  nothing  to  the  common  law 
duty.  It  extends  it,  however,  to  streets  afterward  laid 
out.  And  such  an  act  is  constitutional.  (///.  Ccn. 
R.  R.  Co.  v.  }}^illcubcrg,  117  111.  203  ;  Portland,  etc.,  R. 
R.  Co.  v.  Deering,  78  Me.  67.) 

Under  this  common  law  principle  it  is  the  duty  of 
the  railroad  company  to  do  whatever  may  be  neces- 
sary to  make  the  street  safe  and  convenient,  as  near 
as  reasonably  may  be,  as  it  was  before  the  railroad 
was  laid  thereon,  or  it  would  be  if  it  were  not  there. 
If,  in  order  to  accomplish  that  result,  it  is  necessary 
that  the  tracks  upon  the  streets  should  be  raised  or 
lowered,  and  the  streets  constructed  and  maintained 
below  or  above  the  tracks  of  the  railroad  company, 
in  my  opinion  such  duty  would  require  the  railroad 
to  make  that  change. 

It  is  plain  that  in  the  case  of  very  many  streets 


43 

of  Chicago  which  have  been  crossed  or  occupied  by 
the  tracks  of  one  or  more  railroad  companies  to  the 
use  of  the  streets  by  the  railroad  and  the  necessity  of 
public  travel  thereon  are  such  that  this  restoration  of 
the  streets  could  only  be  accomplished  by  doing 
away  entirely  with  crossings  at  the  grade  or  other 
occupation  of  the  surface  of  the  streets  by  railroad 
tracks.  In  case  of  some  streets  this  has  not  been 
accomplished  at  all,  and  the  result  is  that  the  streets 
or  portions  thereof  have  been  appropriated  by  the 
railroad  companies  and  the  public  travel  thereon 
wholly  or  almost  wholly  excluded.  In  the  case  of 
crossings  of  many  streets  the  city  has,  in  order  to 
restore  the  streets  to  a  safe  condition,  erected  viaducts 
at  a  great  expense,  carrying  streets  over  railroad  tracks. 
In  some  cases,  where  ordinances  granting-  railroad 
companies  the  right  to  cross  streets  have  been  passed 
in  recent  years,  the  ordinances  have  provided  for  the 
payment  by  the  railroad  companies  of  the  expense  of 
constructing  viaducts.  In  the  case  of  railroad  com- 
panies having  older  ordinances,  no  such  provision  for 
the  payment  by  the  railroad  company  of  the  cost  of 
viaducts  was  inserted  in  the  ordinance.  Railroad 
companies  having  such  older  ordinances  have  denied 
any  legal  obligation  to  construct  or  pay  for  viaducts 
over  their  tracks,  but  have  in  many  cases  "  voluntarily" 
contributed  a  comparatively  small  portion  of  the 
expense.  Suits  are  pending,  however,  against  several 
railroad  companies  to  recover  such  expense. 

In  my  opinion,  under  the  common  law  principle 
above  cited,  by  which  it  is  the  continuing  legal  duty 
of  railroad  companies  laying  their  tracks  across  or 
upon    existing    streets    to    restore    and  maintain    the 


44 

streets  so  that  they  shall  be  reasonably  safe  and 
convenient  for  the  public  travel — substantially  as 
capable  of  free  and  proper  use  by  the  public  as  they 
were  before — such  railroads  shall  be  compelled  to 
build  viaducts  or  bridges  and  sufficient  approaches  to 
carry  the  streets  over  their  tracks,  and  to  pay  all  land 
damages  where  such  means  are  reasonably  necessary 
so  to  restore  such  streets  and  make  them  safe  and 
convenient.  That  has  been  held  in  several  cases  in 
other  States  (State  v.  St.  P.  M.  and  M.  R.  R  Co.,  35 
Minn.  131  ;  State  v.  St.  P.  R.  R.  Co.,  and N.  R.  R.  Co., 
38  Minn.  246  ;  State  v.  Mo.  and  St.  P.  R.  R.  Co.,  39 
Minn.,  219;  State  v.  Mo.  and  P.  R.  R.  Co.,  35  Kan- 
sas, 171  ;  L.  and N.  R.  R.  Co.  v.  State,  3  Head,  524). 

And  upon  the  same  principle  I  think  they  may  be 
compelled  to  raise  or  lower  their  tracks  in  case  such 
means  are  reasonably  necessary  to  restore  the  streets. 
In  other  words,  the  legal  duty  of  the  restoration 
is  only  complied  with  when  that  is  done,  whatever 
it  may  be,  which  is  necessary  to  make  the  streets 
reasonably  safe  and  convenient  for  public  travel. 
And  in  my  opinion  the  City  Council,  under  the  pro- 
visions of  the  charter  above  mentioned,  is  vested 
with  the  power  to  determine  the  manner  in  which 
railroads  shall  so  restore  the  steets  and  the  occasion 
thereof. 

Of  course  the  ordinance  of  the  City  Council  must 
be  reasonable.  But  within  that  limit  there  is  a  wide 
field  for  the  exercise  of  its  legislative  discretion,  with 
which  courts  will  not  interfere.  And  upon  a  subject 
of  this  character,  which  is  one  calling  for  the  exercise 
of  the  legislative  rather  than  the  judicial  discretion 
and  judgment,  it  is  largely  for  the  City  Council  to 


pomnQL 

"     OEDt 


KUDfflDL 
DDDDdC 


DDD[ 
OXDOT 


ir 


The  area  shaded  in  black  represents  the  property  used  for  railroad  purposes,  upon  which  a  valuation  of  over  $50,000,0300  is'placed  by  the  Valuation  Committee  of  the  Chicago  Real  Estate  Board.  This  map  does  not  show  the  portions 
of  streets  occupied  by  tracks  of  steam  railroads.  The  Chicago  Terminal  Commission  recommends  that  all  steam  railroad  tracks  should  be  removed  from  the  area  bounded  by  Canal  Street  on  the  west,  Kinzie  Street  on  the  north,  and  Twenty- 
second  Street  on  the  south. 


45 

determine  what  is  reasonable,  and  with  its  determina- 
tion a  court  will  be  reluctant  to  interfere. 

An  ordinance  applying  to  one  or  two  railroad  com- 
panies whose  tracks  occupy  or  cross  certain  streets, 
would  .not,  in  my  opinion,  be  necessarily  void,  because 
it  was  so  limited  in  its  application,  and  because  other 
railroads,  occupying"  other  streets,  or  with  different  con- 
ditions, might  be  omitted  therefrom  or  required  to  do 
something  different.  While  all  laws  should  be  general 
in  their  operation,  it  is  only  required  that  they  apply 
to  all  in  like  situation,  and  all  placed  in  the  same  city 
do  not  necessarily  require  the  same  local  regulation. 
One  regulation  might  be  proper  in  the  case  of  one 
street  or  district  of  the  city,  and  another  regulation  in 
another  street  or  district.  It  is  the  province  of  the 
City  Council  to  make  the  necessary  discrimination  in 
this  particular.     {Railroad  Co.  v.  Richmond,  96  U.  S. 

529)- 

Respectfully  submitted, 

John  S.  Miller,  Corporation  Counsel. 

Chicago,,  June  29th,  1S92. 

The     Chicago      Terminal     Commission,      Chamber     of 
Commerce    Building,     Chicago : 

We,  the  undersigned,  members  of  the  Valuation 
Committee  of  the  Chicago  Real  Estate  Board,  have 
carefully  considered  your  application  for  a  valuation 
of  the  property  in  this  city,  as  shown  by  the  maps  sub- 
mitted to  us  and  hereto  attached,  being  the  railroad 
land  located  between  Madison  and  Twenty-second 
streets,  and  State  and  Canal  streets,  and  containing 
11,616,719  square  feet. 


46 


In  our  judgment  the  present  value  of  said  railroad 
land,  without  improvements,  and  provided  all  railroad 
tracks  are  removed,  is  fifty  millions,  two  hundred  and 
seventy  one  thousand,  three  hundred  and  twenty-six 
dollars  ($50,271,326.00). 


Signed  :     Willis  G.  Jackson, 

Joseph  Donnersberger, 
Eugene  H.  Fishburn, 
William  A.    Bond, 
George  Birkhoff,  Jr. 


Valuation  Committee 

of  the  Chicago 

Real  Estate  Board. 


APPENDIX. 


Containing    Information  in    Relation   to    the  Chi- 
cago Railway  Terminal  Problem,  from  Engin- 
eering, Legal,  and    Other    Standpoints. 

Report    of    George    H.   Reynolds,  Consulting    Engineer,  upon 
the    Economy  and   Use  of  Hydraulic  Power  and  Ma- 
chinery at  Railway  Terminals  in  Europe. 


Chicago,  May  10,  1892. 

To    John    A.    Roche,    Vice-President    Crane    Elevator 

Company  : 

Dear  Sir — Pursuant  to  instructions  from  you,  I 
left  New  York  on  the  1 7th  of  February,  to  visit 
England,  France  and  Scotland  to  investigate  the  sub- 
ject  of  Railway  Terminals  and  the  methods  there 
employed  for  handling-  cars,  freight  and  passengers. 
On  my  arrival  in  Liverpool  on  the  27th  of  February, 
I  at  once  began  my  investigations,  which  were  con- 
tinued uninterruptedly  until  the  7th  of  April,  when  I 
sailed  for  New  York. 

During  this  time  I  visited  all  the  principal  railway 
stations  of  England  and  of  Paris,  and  all  of  the  prin- 
cipal docks  of  London  and  Liverpool,  the  Mersey 
Tunnel  Railway,  the  Electric  Underground  Railway 


48 

of  London,  the  London  Hydraulic  Power  Company's 
works  at  London  and  Liverpool,  and  also  made 
thorough  investigations  of  the  Compressed  Air  Sys- 
tem as  used  in  Paris,  and  also  the  Compressed  Air 
System  of  Birmingham,  England.  I  had  expected  at 
first  to  confine  my  investigations  wholly  to  hydraulic 
machinery,  but  I  found  it  necessary  to  go  into  many 
other  subjects  which  are  intimately  connected  with  the 
uses  of  hydraulics. 

This  communication  is  intended  only  as  a  prelimi- 
nary report  upon  the  Terminal  Railway  Systems  as 
they  are  arranged  and  operated  in  the  countries  named, 
and  is  based  upon  my  personal  observations  and 
knowledge  gained  from  the  railroad  officials  and  from 
the  workshops  where  the  operating  machinery  of  these 
terminals  has  been  built.  As  this  report  is  intended 
to  be  only  preliminary,  and  to  give  a  general  idea  of 
what  is  being  done  with  hydraulics  at  the  places 
visited,  it  will  not  be  accompanied  with  drawings 
illustrative  of  the  various  devices  which  I  have  seen 
in  operation  and  which  are  here  described.  But  when 
I  make  my  final  and  full  report  it  will  be  accompanied 
by  drawings  in  detail  of  all  the  machines  which  are 
treated  of. 

RAILWAY   TERMINALS. 

These  terminals  in  all  of  the  principal  cities  may 
be  divided  into  three  classes  : 

Class  i .  Where  the  cars  come  into  the  stations  on 
grade  of  the  streets. 

Class  2.  Where  the  cars  come  in  above  the  street 
level,  and  are  lowered  to  the  street  level  for  the  pur- 


49 

pose  of  unloading  and  loading,  and  are  again  raised 
to  the  upper  level  for  dispatch. 

Class  3.  Where  the  cars  come  in  below  the  street 
level  and  are  raised  up  to  the  street  level  for  the  pur- 
pose of  unloading  and  loading,  and  again  lowered  to 
the  lower  level  for  dispatching. 

Prominent  examples  of  the  first-mentioned  class 
are  found  at  Paris  in  the  Batignolle  station,  the  Forth 
station  at  Newcastle-on-Tyne,  and  Camden  station, 
London.  At  the  Forth  station,  while  it  is  true  that 
the  cars  are  received  and  dispatched  from  the  street 
grade  level ,  use  is  made  of  the  entire  area  below  the 
floor  of  the  station  for  the  storage  of  beer,  butter, 
cheese,  and  articles  which  require  to  be  kept  cool, 
these  articles  being  lowered  from  the  station  through 
convenient  trap-doors,  and  are  raised  again  by 
hydraulic  power  to  be  delivered.  At  the  Camden  and 
Batignolle  stations  no  use  is  made  of  the  parts  below 
the  tracks. 

A  good  example  of  Class  2  is  found  at  the  London 
and  Northwestern  Railway  Company's  Broad  Street 
station,  at  St.  Pancras,  London,  and  the  St.  Lazare 
station,  Paris.  And  of  the  3d  Class,  at  White  Cross 
station,  Midland  Railway,  London. 

In  the  methods  employed  for  handling  cars  and 
freight  in  these  three  classes  of  stations  above 
described,  there  is  a  general  sameness  ;  that  is,  the 
transportation  of  freight,  so  far  as  the  railway  proper 
is  concerned,  ends  when  the  train  is  delivered  in  the 
yard.  From  this  time  onward  until  the  train  is  again 
made  up  to  be  pulled  out  of  the  yard,  the  entire 
handling  of  cars  and  train  is  clone  with  hydraulic 
power.     The   cars   are   hauled    along    the    track,    are 


50 

turned  around  and  sent  across  the  yard  to  any  other 
track,  in  fact,  are  moved  in  any  and  all  directions, 
any  car  being  taken  out  of  any  part  of  the  train  and 
put  on  any  other  track  in  the  yard  without  the  use  of 
switching"  engines,  and  with  very  little  disturbance  of 
the  general  work  going  on  over  the  whole  yard.  This 
is  accomplished  by  a  system  of  turn-tables,  transfer- 
tables,  capstans,  cranes,  and  car  hoists,  these  latter 
only  being  used  where  it  is  necessary  to  move  the  cars 
from  the  upper  to  the  lower  levels,  or  vice  versa,  as  is 
the  case  in  Classes  2  and  3  of  the  stations  named. 

APPLICATION  OF  HYDRAULIC  POWER. 

Hauling  Goods. — The  method  of  dealing  with 
goods,  either  in  receiving  or  delivering,  loading  or 
unloading,  or  in  transit,  as  performed  by  hydraulic 
cranes,  lifts,  capstans,  traverses  and  turn-tables,  is  as 
follows : 

Bv  Traversing. — On  receipt  of  a  train  in  a  goods- 
shed,  the  cars  are  sorted  for  the  various  districts  in 
which  they  are  to  be  delivered,  by  means  of  a  traverse, 
which  is  a  traveling  section  of  the  road  running  on 
wheels  and  hauled  either  by  rams  and  chains  under 
the  flooring,  for  short  distances,  or,  when  the  distance 
to  be  traversed  is  longer,  by  capstans,  which  are  so 
conveniently  placed  as  to  most  readily  command  the 
station  without  being  in  the  way.  The  traverse,  with 
its  car,  is  thus  shifted  from  the  main  arrival  line  to 
any  other  portion  of  the  shed  or  yard  where  it  is 
required,  or  by  turn-tables  and  capstans,  where  the 
traverse  is  not  used. 

Hoisting    and    Lowering.  —  If   it    is   required    to 


51 

descend  to  a  lower  level,  the  car  is  hauled  off  by 
capstan  power  and  placed  on  a  hoist,  by  which  means 
it  is  lowered  to  that  level  in  the  building  in  which  it 
is  required,  and  again  hauled  into  position  for  unload- 
ing by  cranes,  which  are  usually  of  1,500  to  2,500 
pounds  lifting  power. 

Turn-Tables  and  Capstans. — Where  turn-tables 
are  employed,  in  the  case  of  single  turn-tables,  that  is, 
those  with  single  tracks  only  over  them,  gearing  is 
dispensed  with,  and  the  rope  of  an  adjoining  capstan 
is  hooked  on  to  the  car  and  the  table  pulled  round  to 
the  position  required.  Where  larger  turn-tables  with 
double  roads,  on  which  two  cars  may  be  taken  on 
abreast,  are  employed,  they  are  traversed  round  by  a 
pinion  wheel,  engaging  in  a  circular  rack  which  goes 
around  the  outer  rim  of  the  table.  It  is  put  in  or  out 
of  gear  by  a  clutch  movement,  and  hydraulic  power 
is  used. 

Power. — The  power  obtained  for  working  this 
machinery  is  supplied  by  direct  -  acting  pumping- 
e-ngines,  which  are  horizontal  or  vertical,  as  may  be 
required,  this  being  a  matter  of  space  and  grouping. 
The  engines  are  direct  acting,  that  is,  with  the  pump 
and  piston  rods  coupled  on  the  same  axis  central  line; 
the  suction  pipe  leading  to  the  pump  barrel  is  coupled 
on  to  the  supply  main,  which  again  terminates  in  a 
receiving  tank,  or  receiver  attached  to  the  company's 
or  city  mains,  as  the  case  may  be.  This  tank  is 
placed  above  the  level  of  the  pumps,  and  the  delivery 
pipe  from  them  connected  direct  to  the  bottom  of  the 
stalk  of  the  accumulator,  which  in  its  turn  is  again 
connected  to  the  main  delivery  leading  to  the  cranes, 
capstans,  hoists,  etc. 


52 

Accumulators. — The  accumulator  ram  is  weighted 
to  a  maximum  of  750  lbs.  per  square  inch,  so  that 
when  it  is  pumped  up  (floating)  the  weight  in  the 
delivery  mains  represents  that  pressure. 

Ram  Movements. — The  whole  operation  of  the 
hydraulic  machinery,  however  placed,  is  in  principle 
the  movement  obtained  from  rams,  whether  it  be  in 
capstans  of  quick  action,  or  in  hoists  and  cranes,  in 
which  the  movement  is  much  slower. 

Anchor  Pulleys. — The  efficiency  of  the  applica- 
tion of  hydraulic  machinery  in  capstan  working,  is 
materially  affected  by  means  of  snatch  heads,  or 
anchor  pulleys,  placed  in  suitable  positions.  By  the 
use  of  these  snatch  heads,  one  capstan  is  rendered 
capable  of  pulling  a  car  in  any  direction. 

Freezing. — The  universal  testimony  of  all  of  the 
engineers  at  the  various  stations  and  docks  in 
England  where  hydraulic  power  is  used,  is  that  no 
trouble  whatever  has  ever  been  experienced  by  them 
on  account  of  frost,  even  with  the  temperature  at 
zero,  provided  that  in  such  severe  weather  during  the 
night  time,  or  when  the  machinery  is  not  in  operation, 
the  water  is  allowed  to  slowly  circulate  around 
through  the  pumps.  The  engineer  of  the  Midland 
Railway,  who  has  had  charge  of  their  machinery  for 
many  years,  stated  that  by  leaving  one  capstan 
running  slowly  on  the  entire  system  of  many  miles 
of  pipes,  no  freezing  had  ever  taken  place. 

At  all  of  the  railway  stations  along  the  docks, 
unless  the  distance  traversed  by  the  hydraulic  mains 
is  very  great,  the  water,  when  discharged  from  the 
various  machines,  is  returned  through  suitable  pipes 
back   to   the   pump-room,  where  it   is  delivered   into 


53 

receiving  tanks  to  be  again  pumped  under  the 
accumulators  ariti  again  sent  through  the  system,  so 
that  the  amount  of  water  actually  consumed  is  only 
that  which  may  be  due  to  leakage,  and  this  is  not  of 
sufficient  amount  to  be  taken  into  consideration. 

Pipes. — The  pressure  pipes  in  all  cases  are  made 
of  cast-iron  with  joints  bolted  together  ;  while  all  of 
the  return  pipes  are  ordinary  cast-iron  water  pipes 
with  socket  joints. 

Traverse-Tables. — The  traverse -tables  used  are 
made  of  wrought  iron  or  steel,  strongly  bracketed, 
the  ends  fitted  with  hinged  deflecting  points  to  make 
an  easy  ascent  for  the  car. 

Capstans.- — The  capstans  in  use  at  the  terminal 
stations  of  railways  and  along  the  docks  are  of  con- 
siderable range  in  power,  varying  from  one  to  five 
tons  direct  pull  upon  a  rope.  All  of  the  various 
types  show  great  ingenuity  in  their  adaptation  to 
the  work  to  be  done  by  them,  and  in  the  very  in- 
genious contrivances  for  economizing  the  use  of 
water. 

Car  Hoists. — The  car  hoists  as  used  at  the  Mid- 
land Railway  I  consider  the  best  of  their  kind  which 
I  saw.  These  hoists  are  fitted  with  three  rams  each 
of  different  size  —  the  smaller  of  the  three  being 
always  open  to  the  pressure  of  the  main,  and  counter- 
balancing the  weight  of  the  table  and  the  other  two 
rams.  The  second  is  a  little  larger,  and  is  sufficient 
as  an  auxiliary  to  lift  the  ordinary  freight  car  with 
its  load,  or,  say,  fifteen  tons;  and  the  larger  ram  will, 
with  the  assistance  of  the  other  two,  lift  any  weight 
up  to  twenty-five  tons,  and  is  so  arranged  that  when 
not  required  it  will   fill  its  cylinder  by  suction,  and 


54 

thus  give  a  firm  and  rigid  wheel-base  for  wagons  that 
may  be  passing  over  the  platform. 

The  framing  of  the  platforms  of  these  car  hoists 
is  made  of  steel  structural  beams,  firmly  riveted 
together,  and  is  capable  of  standing  the  severest  uses. 

Platform  Cranes.  —  These  are  placed  at  con- 
venient distances  upon  all  of  the  platforms  where 
freight  is  to  be  received  or  delivered,  and  are  in  power 
from  15  to  30  hundred  weight  capacity  as  a  general 
rule.  Many  of  these  cranes  are  made  with  double 
rams  for  the  purpose  of  economizing  the  use  of  water, 
the  smaller  ram  being  used  in  all  cases  where  the 
loads  are  not  more  than  1,500  pounds;  and  where  more 
than  1,500  pounds  is  required  to  be  lifted,  then  the 
larger  ram  is  placed  in  commission  by  the  hand  of 
the  operator.  One  such  crane  used  continuously 
during  ten  hours  will  handle,  in  loading  or  unloading, 
300  tons  per  day. 

Hydraulic  Engines  and  Principle  of  Construc- 
tion.— The  engine,  as  before  stated,  may  be  of  either 
the  horizontal  or  vertical  type.  But  at  the  Midland 
and  London  and  Northwestern  railways,  horizontal 
engines  are  used,  and  are  of  two  types  of  construc- 
tion. In  one  type  the  engines  are  what  are  known  as 
outside-connection,  and  the  other,  inside-connection  ; 
that  is,  the  crank-shaft  is  forged  in  one  type,  plain, 
with  cranks  on  the  outer  end  and  fly-wheel  in  the 
middle,  and  in  the  other  type,  double-throw  right- 
angle  cranks  are  between  the  fly-wheels,  which  are 
upon  the  outer  end  of  the  shaft.  This,  however,  I 
consider  a  mere  matter  of  taste  and  cost,  either  one 
doing  equally  good  work. 

Accumulators. — At  the  Batignolle  station  in  Paris 


55 

the  accumulators  are  placed  in  the  open  station  without 
any  support  whatever  above  their  bases,  and  are 
exceedingly  neat  and  efficient.  The  general  type  of 
accumulators  used,  however,  is  one  in  which  the 
weight  at  the  head  of  the  ram  moves  in  guides  sup- 
ported in  a  brick  shaft. 

The  Midland  Railway  Company  have  in  their 
London  district  thirty-three  hydraulic  engines  and 
fourteen  hundred  hydraulic  coal  tips,  wagon  hoists, 
capstans,  cranes,  sack  lifts,  traverses  and  turn-tables. 

Cost  of  Power. — The  cost  in  the  Midland  system 
is  25  cents  per  thousand  gallons  delivered  into  the 
mains.  In  this  cost  is  included  5  per  cent,  on  the  cost 
of  the  machinery,  and  6  per  cent,  on  the  cost  of 
repairs,  coal,  oil,  waste,  wages,  etc. 


MACHINERY  AT  RAILWAY    STATIONS. 

BROAD  STREET  STATION,   LONDON  &  NORTHWESTERN  rV. 

7  boilers,  locomotive  type. 

5  pairs  hydraulic  pumping  engines. 

1  1  7-inch  accumulator. 

2  iS-inch  accumulators. 
1   20-inch  accumulator. 

54  3-ton  hydraulic  cranes. 

3  hydraulic  jiggers,  3,000  lbs. 
1   5-ton  hydraulic  crane. 

1  10-ton  hydraulic  crane. 

2  16-ton  hydraulic  car-lifts. 
2    14-ton  hydraulic  car-lifts. 

2  hydraulic  hoists,  3,000  lbs.  each. 


56 


26  hydraulic  capstans, 
126  capstan  dummies. 

1  5-ton  yard  crane. 

Camden  Station,   London. 

4  boilers,  locomotive  type. 

2  pairs  hydraulic  pumping  engines. 
1    1 7-inch  accumulator. 

1  20-inch  accumulator. 

38  hydraulic  cranes,  2,500  lbs.  capacity. 

2  hydraulic  cranes,  4,000  lbs.  capacity. 

1  hydraulic  crane,  6,000  lbs.  capacity. 

2  hydraulic  cranes,  10,000  lbs.  capacity. 
1   hydraulic  crane,  2,000  lbs.  capacity. 

27  hydraulic  capstans. 
168  capstan  dummies. 

93  warehouse  cranes,  1,500  lbs.  capacity. 

3  warehouse  cranes,  3,000  lbs.  capacity. 
1   yard  crane,  1,500  lbs.  capacity. 

1   yard  crane,  4,000  lbs.  capacity. 
1   yard  crane,  10,000  lbs.  capacity. 

1  yard  crane,  40,000  lbs.  capacity. 

Forth  Station,  Newcastle-on-Tyne. 

28  capstans. 
50  cranes. 

19  turn-tables. 

4  traverse-tables 

3  locomotive  boilers,  1  in  reserve. 

2  hydraulic  pumping  engines. 
1    17-inch  accumulator. 

1    iS-inch  accumulator. 


57 

Batignolle. 

2  car  hoists. 

iS  turn-tables 

12  cranes. 

4  transfer-tables. 

2  baggage  hoists. 

4  accumulators. 

The  power  station  is  one  mile  from  the  point  at 
which  the  greater  part  of  the  power  is  used. 

These  figures  give  you  some  idea  of  the  work 
which  is  done  by  hydraulics  in  the  way  of  placing 
cars  in  position  to  be  loaded  and  unloaded,  and  also 
to  load  and  unload  the  same  in  lieu  of  the  switching 
engines  for  handling  the  cars,  and  in  place  of  hand 
power  for  loading  and  unloading,  as  is  done  by  us 
here. 

MACHINERY    AT    DOCKS. 

To  give  vou  an  idea  of  the  work  along  the  docks, 
I  may  name  only  a  few  of  those  of  which  I  was  at 
the  trouble  to  make  notes  of  the  actual  number  of 
machines  in  use — although  the  number  here  enumer- 
ated is  but  a  small  per  cent,  of  those  which  I  saw  : 

The  Albert  dock  at  Hull  has  a  6o  horse-power 
engine,  supplies  water  for  working  an  8o-foot  swing- 
bridge,  19  hydraulic  engines  for  working  sluices, 
gates,  capstans;  3  20-ton  coal  hoists;  1  15-ton  crane; 
1  3-ton  crane,  and  34  i)4 -ton  cranes.  Pressure  used, 
775  lbs.,  which  is  delivered  through  5,350  feet  5-inch, 
1,400  feet  4-inch  pipe,  with  2-inch  and  3-inch  branches 
to  the  various  machines. 


58 
At  Cotton's  wharf  in  London  there  are  10  hvdrau- 

J 

lie  cranes,  2,500  lbs.  capacity,  lifting  40  feet  ;  4  of 
4,000  lbs.  capacity,  and  1  of  9,000  lbs.  capacity,  and 
1  48-ton  direct  lift ;  pressure  used,  700  lbs.  per  square 
inch. 

At  St.  Catharine's  docks,  engines  of  140  horse- 
power pump  against  600  lbs.  pressure.  They  pump 
through  1,200  yards  of  7-inch  pipe.  The  power  is 
used  to  work  a  swing-bridge,  75  cranes  and  2  direct 
lifts. 

The  London  docks,  185  horse-power  pumping 
engines,  750  lbs.  pressure,  pump  through  1,450  yards 
of  5-inch  pipe,  640  of  4-inch  and  550  yards  of  3-inch. 
These  engines  work  100  cranes,  hoists,  and  lifts. 

At  the  Victoria  docks,  280  horse-power  pumping 
engines  are  used.  These  pump  against  780  lbs. 
pressure  through  700  yards  of  5-inch  pipe,  2,000  yards 
of  4-inch  and  200  yards  of  3-inch  pipe.  The  power 
exerted  annually  is  more  than  401  million  foot-tons, 
and  here,  as  in  the  other  docks,  the  power  is  used  to 
operate  a  swing-bridge,  capstans  and  upward  of  100 
cranes  and  hoists. 

The  Great  Western  Railway  at  Paddington  uses 
water  at  700  lbs.  to  the  square  inch.  The)"  operate  3 
car  hoists,  3  capstans,  3  hauling  engines,  20  turn- 
tables, 54  cranes  of  2,500  lbs.  capacity,  16  hoists,  3 
traverse-tables,  2  drawbridges. 

Cost  of  Power. — Taking  coal  at  $2  per  ton,  and 
allowing  15  per  cent,  for  interest  on  the  cost  of  the 
plant  and  depreciation  of  the  same,  wages,  oil,  waste, 
etc.,  the  cost  per  100  foot-tons  of  power  is  about  2^ 
cents. 


59 


DESIRABILITY    OF   THIS    SYSTEM    OF    TER- 
MINALS FOR    CITIES. 

The  railways  and  docks  of  England  have  had  in 
very  general  use  for  the  last  twenty-five  years  the  sys- 
tem which  I  have  briefly  described,  and  the  machinery 
of  the  London  &  Northwestern  Broad  Street  station 
has  been  in  use  for  thirty  years  and  is  still  in  perfect 
condition,  doing  its  regular  work  every  day  just  as 
well  as  when  first  put  in. 

The  various  hydraulic  appliances  in  use  at  railway 
stations  and  docks,  though  built  by  different  parties, 
all  show  great  ingenuity  in  their  construction  and 
adaptability  to  the  work  required  of  them,  and  many 
of  them  show  in  their  construction  the  highest  engi- 
neering skill. 

The  system  of  operating  cranes,  hoists,  engines  of 
all  descriptions  on  a  much  greater  scale  than  is  done 
by  any  of  the  docks  or  railway  companies  in  any  one 
plant,  is  found  in  the  London  Hydraulic  Power 
Company  of  London,  who  are  delivering  water  under 
750  lbs.  pressure  through  sixty-four  miles  of  street 
mains,  and  supplying  power  to  more  than  2,000 
machines. 

The  Liverpool  Hydraulic  Power  Company,  and 
many  others,  are  also  furnishing  power  from  a  central 
station,  to  hundreds  of  consumers. 

This  system  is  also  being  laid  down  in  Glasgow 
and  Manchester  by  the  city  authorities  for  general 
distribution  of  power  to  whoever  may  require  it. 

I  mention  these  facts,  not  that  they  have  any 
relation  practically  to  what  is  required  in  the  railway 


60 

terminals  of  Chicago,  but  simply  to  show  you  that  the 
system  has  long  since  passed  far  beyond  the  experi- 
mental stage.  It  is  fully  developed  and  proven  to  be 
the  most  reliable,  economical  and  convenient  power 
so  far  known. 

There  is  no  difficulty  whatever  in  constructing  the 
pumps  to  deliver  the  water  under  the  pressure  required, 
nor  is  there  difficulty  in  manufacturing  the  pipes  and 
machinery,  nor  in  maintenance. 

In  this  connection  I  will  state  that  I  saw  in  Liver- 
pool pipes  being  removed  from  the  ground,  which  had 
been  in  constant  use  with  750  lbs.  pressure  upon  them 
for  thirty-five  years,  and  they  were,  to  all  appearance, 
just  as  good  as  new.  They  were  being  taken  up  to 
make  room  for  elevated  railway  foundations. 

In  my  final  report  to  you  I  will  give  drawings 
of  the  various  machines  which  I  have  described,  and 
which  are  used  for  performing  the  various  functions 
of  terminal  railway  service,  and  also  give  some  data 
as  to  work  performed,  I  will  in  this  preliminary 
report,  however,  give  you  some  figures  as  to  what  is 
daily  performed  at  the  White  Cross  station  of  the 
Midland  Railway  in  London,  which  is  at  the  inter- 
section of  Red  Cross  and  Gewin  street,  and  is  a  very 
good  example  of  what  can  be  done  upon  a  small 
piece  of  ground.  The  Midland  Railway  Company 
are  under  very  strict  regulations  as  to  when  they  can 
arrive  and  depart  from  this  station. 

The  ground  occupied  is  irregular  in  shape  and 
altogether  only  about  one  acre  in  extent.  The  base- 
ment is  excavated  to  the  level  of  the  Metropolitan 
Underground  Railway,  and  in  this  basement  all  cars 
are  received.     They  are  then  lifted  up   to  the  street 


61 

level,  about  25  feet  above,  and  are  there  loaded  and 
unloaded,  and  then  lowered  again,  train  made  up  and 
forwarded  to  destination.  Above  the  street  level 
there  are  two  stories  connected  with  those  below  by 
elevators ;  these  storage  rooms  are  for  such  freight  as 
is  not  called  for,  or  which  the  company  is  not  at  the 
time  prepared  to  deliver.  This  station  has  its  own 
power  house,  with  its  hydraulic  service  pipes,  capstan, 
cranes,  and  2  car  lifts,  4  elevators  for  the  upper  stories, 
2  accumulators,  2  locomotive  boilers,  2  pumping 
engines.  These  are  also  located  upon  the  1  acre  of 
ground.  The  water  pressure  used  is  750  lbs,  to  the 
square  inch.  I  saw  19  cars  transferred  from  the  lower 
level  to  the  higher  one  on  one  oj  the  lifts  in  twenty 
minutes,  while  the  other  was  delivering  cars  in  the  re- 
verse direction  at  the  same  rate.  Between  the  hours  of 
6  p.  m.  and  11  p.  111.,  160  cars  in  and  160  cars  out  are 
handled,  that  is,  160  cars  which  come  in  loaded  are 
taken  up  25  feet,  unloaded,  loaded  up  again,  and  brought 
down  and  put  into  a  departing  train  and  sent  away,  or, 
in  short,  one  car  per  minute  is  received,  sent  up  to  the 
street  level,  unloaded,  loaded  up,  sent  down  again,  and 
sent  away.  One  can  be  excused  if  he  has  doubts  of  the 
truthfulness  of  this  statement,  but  it  is  true  nevertheless. 
I  may  state,  in  brief,  that  hydraulic  power  is  so 
universally  used  throughout  England  —  along  her 
docks  for  loading  and  unloading  the  ships,  for  pulling 
them  into  position,  for  turning  bridges,  opening  dock 
gates,  etc.,  and  for  all  railway  terminals,  and  over 
large  areas  of  many  of  her  cities,  that  hydraulic 
power  may  be  considered  "  on  tap  ; "  and  I  find 
myself  asking  of  myself,  why  is  it  that  in  England — 
a   country   speaking   the  same  language  as  ourselves, 


62 

engaged  in  the  same  general  traffic,  so  far  as  railways 
and  shipping  are  concerned,  the  habits  of  the  people 
being  generally  the  same,  with  the  cost  of  labor  about 
one-half  of  what  it  is  with  us — how  is  it,  I  ask 
myself,  that  these  people  use  the  hydraulic  system  so 
generally  for  doing  the  work  which  I  have  described, 
and  we  use  it  not  at  all  ?  With  cheap  labor,  as  in 
their  case,  the  necessity  for  motive  power  of  any  kind 
for  doing  work  which  can  be  done  by  the  hand  of 
man  is  less  than  with  us,  where  labor  is  so  high.  And 
the  only  answer  I  can  make  which  satisfies  me  in  this 
respect  is,  that  this  English  system  of  terminals  has 
generally  been  investigated  by  men  from  America 
who  were  not  skilled  in  hydraulic  appliances  ;  and  as 
our  cars  are  larger  and  heavier  than  those  used  in 
England,  it  has  seemed  to  those  men  that  we  could 
not  apply  the  same  machinery  to  our  system  which 
has  been  so  successfully  used  in  England  and  else- 
where. Another  reason  why  we  have  not  adopted 
the  system  may  lie  largely  in  the  fact  that  the  rail- 
ways in  England,  where  their  terminals  exist,  were 
built  when  the  cities  through  which  they  ran  were 
already  in  existence,  and  the  necessity  of  economy  in 
use  of  ground,  and  in  rapid  and  cheap  means  for 
handling  trains  and  goods,  was  forced  upon  the 
attention  of  railway  builders  at  the  outset  ;  while  with 
us  we  built  our  railways  in  a  greater  degree  without 
any  cities,  or,  if  any,  small  ones,  and  there  was  no 
necessity  for  economizing  in  space.  Now  that  our 
cities  are  built,  the  same  questions  are  forced  upon 
us  in  regard  to  terminals  in  our  cities  which  were 
forced  upon  English  engineers  at  the  beginning.  To 
my  mind,  however,  there   is  no  good  reason  why  we 


63 

cannot  handle  our  larger  cars  just  as  well  as  the 
smaller  ones.  In  practice  we  find  no  difference  in  a 
hydraulic  lift,  whether  we  raise  a  barrow  of  ashes 
from  the  basement  of  a  building  to  the  sidewalk,  or 
whether,  as  in  the  Mersey  Railway  of  England,  they 
lift  a  car  Sy  feet  from  the  railway  to  the  surface,  at  a 
speed  of  200  feet  per  minute,  these  cars  being  19  feet 
6  inches  by  16  feet  6  inches,  and  10  feet  high,  and  are 
loaded  with  15,000  lbs.  of  passengers  ;  it  is  simply  a 
question  of  size  of  the  hydraulic  machinery.  The  100- 
ton  guns  built  by  Armstrong  are  handled  by  hydraulic 
power  as  readily  as  if  they  weighed  but  a  pound.  The 
truth  is,  the  weights  to  be  handled  by  hydraulic  press- 
ure need  not  be  taken  into  consideration  ;  it  is  only 
that  the  engineer  in  making  his  calculations  shall  know 
what  are  the  weights  to  be  handled. 

In  constructing  the  terminals  of  England,  great 
wisdom  has  been  shown  in  utilizing  the  small  terminal 
space  covered  by  them,  but  with  our  knowledge  of 
elevator  work,  which  is  not  equaled  by  anything 
which  the  English  people  possess,  we  may  safely  go 
still  further  than  they  have  gone  ;  they  have  but 
pointed  the  safe  way. 

In  constructing:  the  terminals  here,  in  addition  to 
all  I  have  seen  in  England,  I  would  advise  that  the 
stations  be  built  several  stories  in  height,  and  made 
great  terminal  warehouses.  I  would  lift  by  hydraulic 
power  the  loaded  car  directly  up  to  any  floor  of  this 
warehouse,  haul  it  off  from  the  elevator  platform, 
unload  it  and  send  it  down  again.  If  these  goods  are 
again  to  be  shipped  by  rail,  the  empty  car  should  be 
sent  up  to  the  floor  where  the  goods  are  stored,  and 
there  loaded  and  sent  clown. 


64 

The  cost  of  taking  this  car  up  and  down  again,  so 
far  as  coal  is  concerned,  is  just  the  friction  of  the 
moving  parts  of  the  machinery,  because  all  of  the 
power  which  was  required  from  the  pumps  to  raise 
the  loaded  car  to  the  top  floor  of  this  warehouse,  will 
be  given  back  by  descent  of  the  car  when  again  sent 
down  loaded. 

It  is  also  true  that  the  weight  of  goods  descending 
from  the  various  floors  of  this  warehouse  will  give 
back  all  the  power  which  was  required  to  raise  them 
up  there,  less  the  friction  of  the  parts. 

The  cost  of  power,  however,  per  ton  of  freight 
moved  in  the  yard  in  transfer  of  cars  from  one  posi- 
tion to  another,  and  the  loading  and  unloading  of  the 
trains,  is  an  amount  so  small  per  ton  as  hardly  to  be 
considered  in  calculating  the  terminal  expenses. 

With  these  double-level  stations,  you  of  course 
have  double  the  area  for  tracks,  and  with  the  aid  of 
hydraulic  machinery  for  handling  the  cars  and  freight, 
you  will  have  again  doubled  several  times  the  capac- 
ity of  the  terminal  for  handling  cars. 

There  is  not  a  shadow  of  doubt  in  my  own  mind 
as  to  the  wisdom  of  a  very  liberal  expenditure  of 
money  to  produce  in  the  City  of  Chicago,  and  in  fact, 
in  all  of  our  principal  cities,  this  form  of  terminal  and 
method  of  operation. 

This  enumeration  of  railway  stations  and  docks 
where  hydraulic  power  is  used  is  not  to  be  taken 
as  any  indication  of  the  extent  to  which  such  power 
is  used,  but  comprises  those  places  where  I  took  the 
trouble  to  get  exact  data. 

One  significant  fact  which  I  took  note  of  at  the 
stations  and  docks  which  I  inspected,  was  that  while 


G5 

there  was  a  general  sameness  in  the  hydraulic  machin- 
ery in  use,  each  had  a  somewhat  different  arrange- 
ment and  used  machines  different  in  details  from 
the  others.  But  all  of  the  machines  showed  careful 
designing  and  great  engineering  skill  in  adapting  the 
various  machines  to  accomplish  the  ends  sought 
for. 

In  comparing  the  cost  of  handling  freight  in  and 
out  of  the  railway  stations  of  England,  with  the  same 
class  of  work  in  and  out  of  our  railway  stations,  I  have 
not  yet  been  able  to  tabulate  the  figures  obtained  so 
as  to  be  very  accurate  as  to  the  difference  between 
the  cost  in  England  and  the  United  States,  but  I 
can  safely  state  that  the  difference  is  very  great  in 
favor  of  England,  and  near  the  ratio  of  3  to  1.  In 
my  complete  report,  which  is  to  follow  this  soon,  full 
data  as  to  amount  of  freight  handled  and  number  of 
cars  and  trains  which  enter  and  leave  the  principal 
stations  will  be  presented,  together  with  plans  of  the 
machines  in  use  and  the  cost  of  same. 

Respectfully  submitted, 

Geo.  H.  Reynolds, 

Consulting  Engineer. 


GG 


THE   CHICAGO    RAILROAD   TERMINAL 
PROBLEM,  FROM  THE  ENGINEER- 
ING   STANDPOINT. 

BY    E.   L.  CORTHELL. 

Your  committee  has  not  only  given  careful  atten- 
tion and  study  to  the  conditions  existing  in  the  City  of 
Chicago  and  in  other  cities  of  the  United  States,  but 
it  has  also,  through  one  of  its  members,  studied  the 
question  of  terminals  and  complicated  railway  situa- 
tions in  Europe.  This  member  of  the  committee  has 
examined  during  the  last  summer  nearly  forty  rail- 
way terminals  and  complicated  railway  situations  in 
large  cities.  Also  twenty-two  harbors  and  the  rela- 
tions of  the  railways  to  them,  and  over  fifteen  hydrau- 
lic plants  for  the  handling  of  freight  and  express 
goods  at  freight  stations. 

The  method  adopted  in  Europe,  and  used  for  many 
years  to  facilitate  both  the  railroad  and  marine  com- 
merce and  make  safe  the  street  traffic,  presents  many 
features  applicable  to  a  city  like  Chicago. 

In  England  the  law  prohibits  grade  crossings  of 
any  kind.  The  railroads  are  carried  over  or  under 
each  other.  The  streets,  roads  and  even  farm  roads 
are  placed  over  or  under  the  railroads.  It  would  bur- 
den this  report  to  give  details  and  extended  illustra- 
tions of  the  methods  employed,  but  a  few  prominent 
examples  may  be  given.  Near  Liverpool,  on  the 
London  and  Northwestern  Railroad,  at  Edge  Hill, 
where  there  is  a   very  extensive  yard  for  making  up 


67 

freight  trains,  an  ingenious  plan  has  been  recently 
carried  out  which  avoids  railroad  grade  crossings  by 
carrying  the  tracks  over  or  under  each  other  in  making 
connections,  so  that  this  extensive  yard  can  be  oper- 
ated without  interfering  with  the  business  of  any  of 
the  main  lines  of  the  railroad.  Another  prominent 
and  well-known  example  is  Clapham  Junction,  near 
London.  At  Manchester,  at  the  London  Road  sta- 
tion, the  freight  trains  come  in  on  a  high  level.  The 
cars  are  lowered  to  the  low  level  of  the  streets, 
where  they  can  be  reached  by  drays.  At  the  great 
Central  station  of  the  Caledonian  Railroad  at  Glas- 
gow, there  is  an  elevated  entrance.  At  Queen  Street 
station  of  the  same  city,  the  entrance  is  made  by  an 
elevated  structure,  and  underneath,  crossing  at  right 
angles,  is  a  belt  railroad  largely  underground,  and  in 
order  to  make  a  still  better  entrance  into  the  city,  one 
railroad  is  building  a  tunnel  under  Argyle  street,  one  of 
the  main  streets  of  the  city.  At  Birmingham  a  union 
station  is  provided  in  the  center  of  the  city  and  the 
entrance  is  by  sub-ways  from  either  direction.  In 
London  every  railroad  is  brought  into  the  city  in  such 
a  way  as  to  avoid  grade  crossing,  and  the  entrance  is 
always  by  overhead  structures,  or  by  tunnels  or  sub- 
ways. Several  of  the  lines  cross  each  other,  and  many 
of  them  connect  with  the  Metropolitan  District  Rail- 
way, which  is  largely  an  underground  road.  At  the 
White  Cross  station,  St.  Pancras,  Broad  street,  White- 
chapel,  Bishopsgate  and  several  other  stations,  there 
are  special  hydraulic  appliances  for  handling  cars  from 
a  high  level  or  the  reverse  with  these  hydraulic  lifts 
and  capstans,  traversers,  turn-tables  and  other  appli- 
ances for  moving  the  freight  cars  across  or  along  sev- 


68 

eral  tracksto  the  desired  position  for  loading  or  unload- 
ing. The  universal  opinion  of  railroad  men  in  England 
is  in  favor  of  the  use  of  hydraulic  plants  for  handling 
freight  cars.  Hydraulic  lifts  are  also  used  in  pass- 
enger stations,  not  only  in  England,  but  on  the  Con- 
tinent, in  handling  baggage  and  express  and  postal 
matter  from  one  level  to  another,  and  also  for  transfer- 
ring, by  means  of  sub-ways  in  the  station,  from  one 
track  to  another  without  crossing  the  track  at  grade. 
To  still  further  prevent  the  crossing  of  tracks  by  the 
public,  the  stations,  in  England  at  least,  and  generally 
in  large  stations  on  the  Continent,  are  so  arranged 
that  it  is  unnecessary  for  any  purpose  for  passengers 
to  cross  the  track  at  grade;  over-head  bridges  and 
sub-ways,  well-lighted  and  convenient,  being  provided 
for  passengers  in  taking  or  leaving  trains.  All  the 
arrangements  for  operating  the  road  with  safety  to 
human  life  are  so  perfect  in  England  that  the  fast  ex- 
press trains  run  almost  always  with  a  speed  of  sixty 
miles  an  hour  through  large  cities,  past  great  stations, 
where  there  are  crowds  of  passengers  and  trains  on 
other  tracks,  without  accidents.  It  is  the  general 
opinion  of  railroad  men  there  that  all  the  precautions 
taken  by  them  are  absolutely  required  for  the  safe 
and  prompt  movement  of  trains  and  the  proper  trans- 
action of  their  business. 

It  is  now  necessary  to  examine  briefly  into  the  con- 
ditions existing  in  Chicago,  in  order  to  show  the  great 
contrast  there  is  with  the  conditions  above  described 
in  European  cities.  The  rapid  growth  of  this  city  in 
the  last  fifty  years,  raising  it  from  a  village  to  a  great 
metropolitan  center,  has  brought  about  most  unusual 
commercial  conditions.     It  is  still  growing  with  great 


69 

rapidity,  more,  probably,  than  any  other  city  in  the 
world. 

Compared  with  the  other  great  cities  of  this  country, 
the  ratio  of  increase  in  population  in  the  last  decade 
has  been  nearly  three  times  that  of  New  York,  nearly 
four  times  that  of  Philadelphia,  Boston  and  of  St. 
Louis.  Nor  has  the  time  come,  as  it  does  eventually 
to  all  great  cities,  when  it  has  ceased  to  grow. 

The  great  advance  in  population  is  still  too  great 
to  be  arrested  for  the  next  two  decades.  At  least  it 
may  be  safely  estimated  that  the  growth  of  this  city, 
for  each  decade  in  the  future  will  not  be  less  than  one 
million.  Still  further  bearing  on  the  railway  problem 
of  this  city,  is  the  fact  that  it  is  the  largest  city  of  the 
Northern  division  of  the  United  States,  the  popula- 
tion of  which  is,  by  the  census  of  1890,  over  22,000,000 
of  people,  and  that  the  increase  in  this  grand  division 
of  the  United  States  is  greater  than  that  of  any  other. 
As  still  further  indicating  the  movement  of  population 
in  this  country,  is  the  fact  that  its  center  of  gravity 
has  nearly  reached  the  longitude  of  this  city. 

On  its  streets  are  more  miles  of  double-track  horse 
and  cable  railroads  than  on  the  streets  of  any  other 
citv.  The  magnitude  of  its  marine  commerce  is  given 
elsewhere  in  this  report. 

It  is  the  greatest  railroad  center  in  the  United 
States,  probably  in  the  world,  as  far  as  mileage  is 
concerned.  The  length  of  main  lines  of  railroads 
that  terminate  at  this  city  is  over  54,000.  The  magni- 
tude of  its  freight  business  is  also  very  great.  In  1S89 
there  were  received  and  forwarded  four  and  one- 
quarter  millions  of  freight  cars,  making  the  daily  hand- 
ling nearly  12,000  cars.     There  were  moved  over  43,- 


TO 

000,000  tons  of  freight,  There  were  over  18,000,000 
passengers  moved  over  its  main  lines,  and  on  its  sub- 
urban lines  nearly  11,000,000.  The  railroads,  as  they 
enter  this  city  and  reach  their  terminals,  which  are 
well  into  the  center  of  the  population,  are  laid  at  the 
grade  of  the  streets  and  at  the  grade  of  each  other, 
wherever  they  cross.  An  attempt,  unsystematic  and 
desultory,  has  been  made  to  raise  the  streets  at  points 
of  great  danger  above  the  railroads  by  means  of  via- 
ducts, of  which  there  are  twenty-nine.  The  following 
facts  are  very  suggestive  of  delays  and  dangers,  es- 
pecially when  compared  with  their  entire  avoidance 
by  the  English  railroads  as  above  described.  The 
main  lines  of  the  Chicago  railroads  cross  each  other 
at  grade  at  over  iod  points.  These  lines  cross  sid- 
ings or  yard  tracks  at  over  30  points.  The  load  tracks 
running  into  yards  cross  main  tracks  or  sidings  at 
more  than  120  points.  There  are,  as  a  partial  protec- 
tion to  the  public,  487  gates  at  crossings.  It  is  diffi- 
cult to  ascertain  how  many  traveled  streets  are  crossed 
by  railroads,  but  there  are  probably  1,000  or  more. 
According  to  statistics  stated  elsewhere  in  this  report, 
there  were  last  year  on  these  grade  crossings  over 
200  people  killed.  The  growth  of  the  railroad  traffic 
keeping  pace,  as  it  must  necessarily  do,  with  the 
growth  of  the  population,  has  brought  about  the 
greatest  difficulties  in  handling  this  business.  The 
areas  of  the  city  freight  yards  have  become  altogether 
too  restricted  for  their  purpose.  The  building  of  belt 
railroads  has  relieved  the  pressure  to  a  certain  extent. 
One  of  these  belt  railroads,  St.  Charles  Air  Line,  is  in 
the  heart  of  the  city  and  crosses  its  main  avenues  and 
streets  at  grade.     The  railroads  make  transfers  with 


71 

each  other  through  the  Union  Stock  Yard  Tracks. 
The  Western  Indiana,  built  in  the  outskirts  of  the  city, 
is  situated  so  as  to  relieve  to  some  extent  the  city  ter- 
minals, and  this  is  shown  by  the  fact  that,  since  1884, 
its  business  has  so  increased  from  223,757  cars  per 
annum  to  557,752  in  1890.  There  have  been  recently 
put  into  operation  several  lines  of  another  belt  railroad, 
called  the  Calumet  Terminal,  which  is  also  now  doing 
a  considerable  transfer  business.  There  is  still  another, 
the  Elgin,  Joliet  and  Eastern,  about  twenty  miles  from 
the  city,  which  runs  from  the  Lake  on  the  north  to 
the  Lake  on  the  east,  and  has  connection  with  all  the 
railroads  entering  the  city.  Although  this  road  has 
been  opened  but  a  short  time,  the  necessities  for  trans- 
fer between  the  railroads  is  bringing  to  it  a  large 
business.  The  volume  of  the  business  at  present  is 
cars.  Useful  as  these  railroads  are  in  divert- 
ing from  the  busy  parts  of  the  city  the  freight  which 
is  destined  for  consumption  here,  they  are  not  a 
large  factor  in  relieving  the  congested  condition  of 
the  city  terminals,  for  the  reason  that  the  products 
required  by  the  city  itself,  for  its  own  consumption 
and  business,  are  so  rapidly  increasing  that  the  pres- 
ent restricted  terminals  cannot  handle  the  business 
promptly  or  economically;  and  it  is  discouraging  to 
note  that,  except  at  extraordinary  expense,  the  areas 
occupied  by  the  railroads  for  freight  purposes  cannot 
be  very  greatly  extended  on  account  of  their  proxim- 
ity to  very  valuable  property. 

From  the  information  given  above,  it  will  be  ap- 
parent that  the  greatest  evil  (which  in  some  way 
must  be  cured  or  abated)  is  the  danger  of  the  street 
traffic  and  the  inconvenience  as  well,  both  to  the  pub- 


73 

lie  and  the  railroads,  of  the  grade  crossings.  Every 
new  street  that  is  opened,  the  annual  increase  of 
travel  on  all  the  streets  crossing  the  railroads,  the  in- 
crease of  trains  and  in  the  length  of  trains,  and  the 
increase  in  the  switching  and  otherwise  handling  of 
cars,  constantly  increase  the  delays  and  dangers. 
When  the  whole  situation  is  known,  and  the  one  fact 
is  stated,  that  this  city  is  growing  in  population  at  the 
rate  of  1,000,000  per  decade,  the  extraordinary  ob- 
stacles in  the  way  of  both  railroads  and  street  traffic 
would  be  appreciated. 

The  question  now  arises,  what  shall  be  done  to 
solve  the  difficult  problem  ?  Your  Committee  have 
carefully  studied  the  entire  situation,  and  can  see  but 
one  plan  that  is  practicable,  and  that  is,  to  at  once 
adopt  the  principle  and  rule  of  raising  the  railroad 
tracks  to  a  suitable  height  above  the  streets,  and  to 
cease  the  unsystematic  and  ill-advised  method  of 
raising  the  streets  here  and  there,  by  means  of  via- 
ducts, at  great  cost,  occasioning  great  damage  to 
property  and  thus  converting  an  otherwise  level  city 
into  one  of  abrupt  undulations — hills  and  valleys,  as 
it  were.  Your  Committee  would  suggest  that,  in 
order  to  avoid  the  construction  of  an  elevated  railway 
for  each  of  the  railroads,  they  should  be  combined  in- 
to three  groups  of  elevated  railroads,  one  entering  the 
city  from  the  southwest,  one  from  the  west  and  one 
from  the  north. 

It  is  evident,  from  the  fact  that  the  largest  num- 
ber of  railroads  enter  the  city  from  the  east,  south, 
and  northwest,  that  the  elevated  entrance  from  these 
directions  should  be  of  large  dimensions.  An  elevated 
railroad  with  from  six  to  ten  tracks  on  its  main  stem 


entering  the  city  as  far  as  practicable,  would  be  re- 
quired for  the  immense  business  that  enters  from  these 
directions  over  the  present  surface  tracks  of  the  Lake 
Shore  &  Michigan  Southern,  the  Rock  Island  &  Paci- 
fic, the  Western  Indiana  and  its  tenants,  the  Ft. 
Wayne,  and  the  Chicago  &  Alton,  the  Chicago, 
Madison  &  Northern,  and  the  Atchison,  Topeka  & 
Santa  Fe.  This  would  embrace  nearly  all  the  roads 
coming  from  the  east,  from  the  south,  and  from  the 
southwest,  except  the  Illinois  Central  and  its  tenants, 
which  enter  the  city  along  the  lake  front.  In  order 
to  adapt  this  elevated  entrance,  those  methods  which 
have  been  found  practicable  and  economical  in 
Europe,  the  clear  height  of  this  road  above  the  streets 
should  be  sufficiently  great  to  give  a  free  and  unre- 
stricted movement  of  street  traffic  under  it.  It  should 
be  floored  over,  beneath  the  tracks,  by  a  solid  steel 
and  concrete  construction,  so  that  the  extensive  area 
beneath  could  be  used  for  yards  for  the  various  rail- 
roads, or  for  warehouse  and  other  similar  purposes. 
Connected  with  this,  at  points  where  the  present  sur- 
face areas  covered  with  tracks  would  not  in  any  way 
interfere  with  the  street  traffic,  could  be  arranged  ex- 
tensive  freight  yards.  The  cars  entering  the  city  on 
this  elevated  structure,  whose  destination  is  for  city 
delivery,  could  be  lowered  to  corresponding  tracks 
beneath  the  structure  by  the  means  of  hydraulic  plants. 
To  avoid  the  use  of  locomotives  on  the  low  level 
tracks  at  the  surface  of  the  ground,  hydraulic  turn- 
tables, capstans  and  traversers,  could  be  used  just  as 
they  are  in  many  parts  of  Europe.  One  immense 
hydraulic  installation,  with  its  pipes  running  the  en- 
tire length  of  this  elevated    structure,  six  or  eight 


74 

miles,  with  auxiliary  accumulators  at  suitable  points, 
would  not  only  economically  and  promptly  handle 
the  entire  business  of  the  railroad,  but  would  also  fur- 
nish power  for  handling  goods  in  warehouses,  manu- 
factories and  various  industries  that  might  be  estab- 
lished along  the  line  of  this  elevated  entrance.  As 
to  the  two  smaller  groups  of  elevated  roads  from  the 
west  and  north,  combining-  all  the  roads  coming  from 
these  directions,  the  method  should  be  adhered  to  of 
an  elevated  entrance  wherever  the  present  conditions 
of  track,  streets,  viaducts,  and  the  river  permit.  This 
would  give  three  great  elevated  passenger  terminals, 
which  should  be  so  located  that  they  might  be  con- 
veniently united  by  a  connecting  elevated  railway,  so 
that  passengers  coming  into  the  city  in  one  direction 
and  desiring  to  pass  through  the  railroads  leaving  on 
opposite  sides  of  the  city,  could  make  the  transfer 
without  the  inconvenience  of  omnibuses,  street  cars, 
street  vehicles,  or  on  foot  as  now. 

If,  in  connection  with  the  important  work  now 
contemplated  and  under  charge  of  the  Board  of 
Trustees  of  the  Sanitary  District,  there  should  result 
the  replacing  of  a  large  number  of  swing  bridges  by 
fixed  bridges,  the  connection  between  the  elevated 
railroad  entrance  above  suggested  could  be  much 
more  conveniently  arranged. 

Your  Committee,  however,  cannot  assume  the 
responsibilities  belonging  to  the  Sanitary  District 
Trustees  to  devise  a  plan  to  meet  the  requirements  of 
the  law,  under  which  the  Board  of  Trustees  is  acting. 
That  Board  must  decide  how  it  will  obtain  sufficient 
water  from  the  lake  to  dilute  the  sewage  according 
to  the  requirements  of  the  law,  and  at  the  same  time 


70 


furnish  adequate  accommodation  for  navigation,  also 
intended  by  the  law.  Your  Committee  is  not  aware 
that  any  plan  for  this  important  work  has  been 
adopted  by  the  Board  of  Trustees.  It  might  possibly 
be  found  practicable  to  obtain  the  necessary  velocity, 
volume  and  depth  of  water  in  the  present  channels  of 
the  Chicago  river  by  removing  all  the  swing  bridges, 
with  their  center  piers,  and  by  sufficiently  widening 
the  river  everywhere  and  establishing  new  dock  lines. 
The  swing  bridges  could  be  replaced  by  bridges  with 
two  leaves  opening  up,  like  those  of  the  Tower  bridge 
in  London,  now  under  construction,  and  with  a  foot 
passageway  high  enough  to  clear  the  masts  of  vessels 
with  topmasts  struck.  This  foot  passageway  should 
be  provided  with  large  hydraulic  elevators;  the  hy- 
draulic plant  for  operating  the  railroad  terminals 
could  be  enlarged  so  as  to  furnish  power  for  hand- 
ling the  bridges  and  their  elevators,  also  as  in  many 
European  harbors,  for  handling  the  vessels  into  the 
dock  and  to  perform  other  work  along  the  river  re- 
quiring power,  also  in  warehouses,  coal  yards,  ore 
docks,  etc.  This  suggested  plant  for  utilizing  the 
Chicago  river  for  the  admission  of  lake  water  for 
sanitary  purposes  would,  no  doubt,  require  the  low- 
ering of  tunnels  and  the  river  bed  to  a  depth  of 
twenty-two  feet  or  more.  The  value  of  the  property 
required  for  widening  the  river  to  a  uniform  width  of 
say,  250  feet,  might  be  excessive  and  possibly  prohib- 
itory, but  the  suggestion  is  entitled  to  a  careful  con- 
sideration. Considering  all  the  facts  referring  to  the 
methods  in  Europe  and  to  the  conditions  existing  in 
Chicago,  and  the  suggestions  which  have  been  made, 
your  Committee  would  advise  that,  whatever  plan  is 


adopted,  the  principle  of  entirely  separating  the  street 
and  railroad  traffic  should  be  adopted  at  once,  and 
carried  out  as  rapidly  as  it  is  practicable.  There 
should,  in  the  future,  in  no  instance  be  permitted,  in- 
side the  city  limits,  any  grade  crossings.  All  these 
changes  in  the  traffic  conditions  could  not,  of  course, 
be  done  in  one  year  or  in  two  years,  but  they  should 
be  made  as  rapidly  as  the  railroads  and  the  city 
could  jointly  furnish  the  means  for  the  work,  and 
the  expensive  and  unwise  plan  of  building  viaducts 
over  the  railroads  should  be  at  once  abandoned. 


THE  CHICAGO  RAILROAD  TERMINAL  PROB- 
LEM, FROM  THE  LEGAL  STANDPOINT. 

NATURE  AND  EXTENT  OF  THE  DUTY  TO  THE  PUBLIC  OF 
RAILROAD  CORPORATIONS  WHOSE  LINES  CROSS  THE  SUR- 
FACE OF  STREETS  IN  THE  CITY  OF  CHICAGO,  AND  THE 
REMEDY   FOR  ITS  ENFORCEMENT."' 

The  large  extent  to  which  the  streets  of  the  city 
are  occupied  by  its  vast  network  of  railroads;  the 
obstruction  to  the  public  use  occasioned  thereby;  the 
hindrance  to  the  movement  of  traffic  upon  the  rail- 
ways and  the  injury  to  and  destruction  of  persons 
and  property  at  these  intersections;  the  necessary 
augmentation  of  these  evils  in  the  future  by  the  con- 
tinued growth  of  the  city,  and  the  consequent  increase 
of  business  and  travel  upon  the  streets,  and  especially 
that  which  will  be  produced  by  the  coming  exposi- 
tion, demand  a  radical  change  in  the  policy  hitherto 
pursued  by  the  public  authorities. 

It  is  a  matter  of  the  first  importance  in  the  consid- 
eration of  the  subject,  to  determine  where  the  respon- 
sibility rests  with  respect  to  the  expense  of  such 
changes  and  alterations  as  will  preserve  the  streets  to 
the  public  use,  free  from  any  substantial  or  material 
obstruction  by  the  railways. 

It  would  seem,  upon  principles  of  natural  justice, 

*  The  Board  of  Directors  of  one  of  the  largest  systems  of  railways  termi- 
nating at  Chicago,  wishing  to  take  independent  advice  as  to  the  power  and 
duty  of  the  company  in  its  occupancy  of  certain  of  the  streets  of  the  city,  with 
its  tracks,  submitted  the  question  to  one  of  the  most  eminent  corporation  law- 
yers in  the  northwest  for  opinion,  which  is  here  given  in  full. 


78 

inasmuch  as  the  railway  occupancy  of  the  streets  is 
exclusively  for  the  private  gain  and  advantage  of 
the  railroad  corporations,  without  any  corresponding 
benefit  to  the  public,  that  the  burden  should  be 
borne  by  the  agency  which  creates  the  necessity  for 
the  change. 

More  than  eighty  years  ago  this  principle  was 
declared  by  the  Court  of  King's  Bench,  in  The  King 
v.  The  Inhabitants  of  Lindsey,  14  East's  Rep.,  p.  317. 

There  authority  was  given  to  make  the  river  Bain 
navigable,  and  in  the  execution  of  that  purpose  a  cut 
was  made  in  the  river  at  a  point  where  a  highway  in- 
tersected it  and  crossed  by  means  of  a  ford;  the  cut 
made  the  highway  impassable  at  its  intersection  of 
the  stream,  but  the  court  held  that,  although  the  act 
of  parliament  conferring  the  right  to  improve  the 
navigation  of  the  river  and  to  make  the  cut  in  ques- 
tion, did  not  require  the  restoration  of  any  highway 
injured  or  destroyed  thereby,  yet  that  duty  was  im- 
plied from  the  very  nature  of  the  case. 

To  the  same  effect  is  Rex  v.  Kerrison,  3  Maul  & 
Selwin,  526. 

In  re  Trenton  Water  Power  Company,  20  N.  J. 
Law,  659,  the  same  question  was  presented. 

The  Water  Power  Company  was  authorized  to 
construct  a  canal  or  cut  a  sluice  or  raceway;  it  did  so 
across  a  highway  so  as  to  render  a  bridge  necessary 
where  none  was  required  before. 

No  duty  was  expressly  imposed  by  its  charter  or 
by  law  to  build  this  bridge. 

The  court  said:  "  In  accordance  with  these  views, 
it  has  been  repeatedly  held  in  England  that  where  a 
private  corporation,  in  the  prosecution  of  its  own  ob- 


79 

jects,  has  rendered  a  bridge  necessary  in  a  public 
highway,  where  none  was  necessary  before,  it  was 
their  duty,  and  not  the  duty  of  the  county,  to  erect 
and  maintain  such  bridge.  It  was  in  the  pursuit  of 
their  own  advantage  that  they  rendered  the  bridge 
necessary,  and  therefore  they  ought  not  to  burden 
the  public  with  its  maintenance;  qui  sentit  commodum 
sentiri  debet  et  onus.  Thus  a  canal  company  author- 
ized by  an  act  of  parliament  to  make  the  river  Bain 
navigable,  and  to  make  and  enlarge  certain  naviga- 
ble cuts  and  build  bridges  and  other  works  connected 
with  their  navigation,  having  for  their  own  benefit 
made  a  navigable  cut  and  deepened  the  ford  which 
crossed  the  highway,  and  thereby  rendered  a  bridge 
necessary  for  the  passage  of  the  public,  and  which 
was  accordingly  built  at  the  expense  of  the  company 
in  the  first  instance,  the  Court  of  King's  Bench  held 
the  company  bound  to  maintain  the  bridge;  and  that 
the  burden  of  repairs  was  not  to  be  thrown  upon  the 
inhabitants  of  the  county.  Rex  v.  The  Inhabitants  of 
Lindsey."     Supra. 

"  In  Rex  v.  Kerrison  the  case  was  that  certain  per- 
sons and  their  successors  were  authorized  by  act  of 
parliament  to  make  a  river  navigable  and  to  cut  the 
soil  of  any  persons  for  making  a  new  channel  ;  and 
by  virtue  of  which  they  cut  through  a  highway  and 
rendered  it  impassable,  and  a  bridge  was  built  over 
the  cut,  over  which  the  public  passed,  and  which  had 
been  repaired  by  the  proprietors  of  the  navigation. 
The  court  held  that  the  proprietors,  and  not  the  coun- 
ty, were  bound  to  repair. 

"  No  express  obligation  was  imposed  by  the  act  of 
parliament  on  the  proprietors  of  the  cut  in   the  case 


80 

last  cited,  and  it  was  argued  on  their  part  that,  as 
there  was  no  mention  of  bridges  nor  any  words  of 
condition  in  the  act,  no  obligation  arose  to  build 
bridges  ;  though  it  was  admitted  that  the  necessity  of 
the  bridge  originated  with  the  making  of  the  cut. 

"  The  defendant  also  relied  strongly  on  the  cir- 
cumstance that  it  was  not  proved  that  the  proprietors 
of  the  cut  (whom  he  represented)  originally  built  the 
bridge,  but  only  that  they  had  occasionally  repaired  it. 

"  Lord  Ellenborough  met  this  argument  thus : 
'The  act  enables  them  to  cut  new  channels  as  occa- 
sion should  require  ;  and  if  occasion  requires  them  to 
cut  through  a  public  highway,  their  duty  is  to  furnish 
a  substitute  to  the  public  by  means  of  a  bridge.' 

"  Can  we  put  any  other  construction  upon  the  act 
but  this:  that  the  legislature  intended  that  so  far  as 
regarded  the  making  of  the  river  navigable,  and  the 
cutting  new  channels  for  that  purpose,  neither  public 
nor  private  rights  should  stand  in  their  way  ;  but  still 
they  should  make  good  to  the  public  in  another  shape, 
the  means  of  passage  over  such  ways  as  they  were 
empowered  to  cut  through  ? 

"  Mr.  Justice  Bayley  added:  'There  would  have 
been  no  difficulty  in  framing  an  indictment  against 
the  proprietors  for  not  building  a  bridge.' 

"  The  indictment  might  have  charged  them  with 
cutting  across  the  highway,  and  if  they  had  pleaded 
the  act  of  parliament,  the  court  would  have  determined 
upon  it  that  they  had  power  only  to  make  the  cut  sub 
modo ;  that  is,  providing  a  substitute  to  the  public. 

"  I  fully  concur  in  the  reasoning  of  the  court  in 
that  case,  and  am,  therefore,  of  opinion  that  the  Tren- 
ton Water  Power  Company  is  under  an  obligation  to 


81 

build  and  keep  in  repair,  bridges  over  their  canal  or 
race-way  wherever  it  crosses  any  public  highway  or 
street." 

This  case  was  decided  in  1846. 

In  Louisville  &  Nashville  R.  R.  Co.  v.  The  State, 
3  Head  (Term.),  523,  it  was  held  that  : 

"  It  was  the  duty  of  the  Company  to  have  built, 
not  only  under  the  general  principles  of  the  common 
law,  but  by  the  terms  of  its  charter,  in  which  it  was 
made  its  duty  so  to  construct  its  road  across  a  public 
road  or  highway  as  not  to  impede  the  passage  of  per- 
sons or  property  along  the  same." 

This  case  was  decided  in  1859. 

To  the  same  effect  is  Veazie  v.  Penobscot  R.  R. 
Co.,  49  Me.  121,  decided  in  i860. 

To  the  same  effect  is  Phcenixville  v.  the  Phoenix 
Iron  Company,  45  Pa.  St.  Rep.  135,  decided  in  1863, 
citing  numerous  cases  where  like  principles  are 
announced,  and  approving  the  English  cases  above 
cited. 

In  1873  the  principles  announced  in  the  foregoing 
cases  were  fully  approved  by  the  Supreme  Court  of 
Illinois,  in  the  case  of  The  People  v.  the  Chicago  & 
Alton  R.  R.  Co.,  67th  111.,  1 18,  thus: 

"It  is  a  well-settled  principle  of  the  common  law, 
resting  upon  the  most  obvious  considerations  of  just- 
ice, that  any  person  or  corporation  that  cuts  through 
a  highway  for  the  benefit  of  such  person  or  corpora- 
tion, must  furnish  to  the  public  a  proper  crossing,  even 
though  acting  lender  a  license  from  the  proper  author- 
ities. With  reference,  of  course,  to  cases  where  the 
legislative  power  has  not  in  terms  relieved  the  person 
or  company  that  interferes  with  a  highway  from  the 


necessity  of  removing  any  obstructions  they  may 
create. 

"In  the  absence  of  such  an  express  provision,  it  is 
palpable  that  a  railway  company  is  under  the  obliga- 
tion to  leave  every  highway  that  it  crosses  in  a  safe 
condition  for  the  use  of  the  public. 

"As  illustrating  the  common  law  rule,  we  refer  to 
Queen  v.  Inhabitants  of  Eli,  69  E.  C.  L.  843." 

In  1 8  74  the  English  cases  above  referred  to  were 
approved  by  the  Court  of  Queen's  Bench  in  Oliver  v. 
The  Northeastern  Railway  Co.,  The  Law  Reports, 
Q.  B.,  Vol.  9,  p.  409. 

The  same  principle  was  announced  in  1876  by  the 
Supreme  Court  of  Maryland  in  the  Northern  Central 
Ry.  Co.  v.  Mayor,  etc.,  46  Md.  445. 

Also  in  1878,  in  Eyler  v.  County  Commissioner,  49 
Md.  269. 

Also  in  1882,  by  the  Supreme  Court  of  Kentucky 
in  R.  R.  Co.  v.  Commonwealth,  80  Ky.  Rep.  p.  147. 

Also  by  the  Supreme  Court  of  Michigan  in  1883, 
in  Maltby  v.  Chicago  &  West  Michigan  R.  R.  Co.,  17 
N.  W.  Rep.  717,  citing  numerous  cases. 

In  The  City  of  Minneapolis  v.  St.  Paul,  Minne- 
apolis &  Manitoba  Ry.  Co.,  28  N.  W.  Rep.  p.  3,  de- 
cided in  1886,  the  whole  subject  was  thoroughly  con- 
sidered and  the  adjudged  cases  examined,  and  the 
same  principle  laid  down  as  in  the  cases  above  re- 
ferred to. 

Same  case,  35  Minn.  131. 

Also  in  the  subsequent  case  of  the  City  of  Minne- 
apolis v.  the  Minneapolis  &  St.  Louis  Ry.  Co.,  decid- 
ed in  1888,  39  N.  W.  Rep.  p.  153. 

Also  The  City  of    Minneapolis  v.  the  St.   Paul, 


83 

Minneapolis  &  Manitoba  Ry.  Co.,  36  N.  W.  Rep.  p. 
870. 

Also  in  Chesapeake,  Ohio  &  Southwestern  R.  R. 
Co.  v.  Dyer  County,  1 1  S.  W.  Rep.  p.  943,  in  which 
the  whole  subject  is  thoroughly  considered  and  the 
adjudged  cases  examined  and  approved. 

These  well  settled  principles  have,  in  many  of  the 
States  of  the  Union,  been  enacted  or  declared  by 
statute. 

In  Illinois,  substantially,  the  following  provisions 
have  been  in  force  for  a  long  period. 

"  Hereafter  at  all  of  the  railroad  crossings  of  high- 
ways and  streets  in  this  State,  the  several  railroad 
corporations  in  this  State  shall  construct  and  maintain 
said  crossings  and  the  approaches  thereto  within  their 
respective  rights  of  way  so  that  at  all  times  they  shall 
be  safe  as  to  persons  and  property." 

II. 

The  nature  of  the  duty  thus  imposed  upon  railroad 
corporations  is  a  continuing  one,  whether  the  duty 
rests  upon  the  principles  of  the  common  law  above 
announced,  or  upon  expressed  statutory  provision. 

In  Commonwealth  v.  New  Bedford  Bridge,  2  Gray, 
352,  it  was  held  that  the  duty  of  making  and  main- 
taining draws  in  the  bridge  was  a  continuing  duty, 
and  required  such  changes  in  the  character  and  size 
of  the  draw,  as  the  changing  condition  and  circum- 
stances of  trade  and  increase  in  the  size  of  vessels 
might  from  time  to  time  require. 

In  Manly  v.  Canal  &  Ry.  Co.,  2  Hurlstone  &  Nor- 
man, 840,  it  was  held  by  the  court  that  : 


84 

"Whether  or  not  the  bridge  was  sufficient  at  the 
time  it  was  built,  the  company  were  bound  to  main- 
tain a  bridge  sufficient  with  reference  to  the  present 
state  of  circumstances." 

In  English  v.  R.  R.  Co.,  32  New  Jersey  L.  245,  it 
was  held  that  the  general  duty  over  restoration 
imposed  by  statute  or  the  common  law,  requiring  the 
widening  of  a  bridge  to  carry  a  highway  over  a  rail- 
road track  rested  upon  the  railroad  company  when- 
ever public  convenience  and  necessity  required  it. 

In  Burritt  v.  City  of  New  Haven,  4.26.  Conn.  198, 
the  court  held,  referring  to  English  v.  Railroad  Com- 
pany, sapra  : 

"That  a  bridge  over  a  railroad  crossing-  of  this 
company  in  the  city  of  New  Haven  was  constructed 
of  suitable  capacity  to  accommodate  the  public  when 
the  railroad  was  first  built  ;  but  by  the  increase  of 
travel  incident  to  the  growth  of  the  city,  the  public 
convenience  afterwards  required  a  material  enlarge- 
ment of  the  bridge,  and  was  held  that  the  obligation 
of  the  company  was  a  continuing  one,  and  commen- 
surate with  the  increasing  necessity  of  the  public. 
The  original  duty  was  fully  discharged,  but  a  new 
and  additional  one  was  created  by  a  change  of  cir- 
cumstances, and  its  performance  was  required,  not 
because  it  would  be  beneficial  to  the  company  to  per- 
form it,  but  because  the  convenience,  necessity  and 
safety  of  the  public  demanded  it." 

In  Cook  v.  Boston  &  Lowell  R.  R.  Co.,  10  Am. 
&  Eng.  R.  R.  Co.,  p.  330,  the  Supreme  Court  of  Mas- 
sachusetts, construing  statutory  provisions  declaratory 
of  the  common  law  duty  of  restoration,  say  : 

"Nor    can    we    accept    that    construction    of   the 


85 

statute  which  would  limit  the  duty  and  obligation  of 
the  railroad  company  to  providing  for  the  wants  of 
travelers  at  that  time. 

"The  Legislature  intended  to  provide  against  any 
obstruction  of  the  safe  and  convenient  use  of  the  high- 
way for  all  time  ;  and  if  by  the  incresaing  population 
in  the  neighborhood,  or  of  an  increasing  use  of  the 
highway,  the  crossing,  which  at  the  outset  was  ade- 
quate, is  no  longer  so,  it  is  the  duty  of  the  railroad 
corporation  to  make  such  alteration  as  will  meet  the 
present  needs  of  the  public  who  have  occasion  to  use 
the  highway." 

See  also  numerous  cases  cited  in  notes  to  the  same. 

In  Mayor  v.  Railroad .  Company,  2  Atlantic  Re- 
porter, 262,  the  Supreme  Court  of  New  Jersey  hold 
that  the  duty  imposed  to  restore  is  a  continuing  duty, 
and  say  : 

"Suppose  a  public  street  in  a  town  to  have  been 
originally  laid  out  over  the  surface  of  the  railroad 
track,  and  that  by  reason  of  the  growth  of  the  busi- 
ness of  the  railroad  at  locality,  trains  should  pass  in 
such  quick  succession  as  to  render  the  street  almost 
impassable,  there  can  be  no  doubt  that  under  such 
circumstances,  the  railroad  company  could  not  dis- 
charge themselves  from  the  obligation  which  this 
section  imposes,  except  by  passing  the  street  thus 
obstructed  under  the  railroad  so  as  to  restore  it  to 
public  use."     And  see  cases  cited  therein. 

See  also  the  following  cases: 

Rex  v.  Inhabitants  of  Kent,  18  East.  220. 
Leopard  v.  Ches.   &    O.   Canal  Co.,    1   Gill, 
(Md.)  222. 


86 


Inhabitants  of  Cambridge,  7  Met.  70. 
Parker  v.  Boston  &  Me.  Ry.,  3  Cush.  115. 
Nicholson  v.  Ry.  Co.,  22  Conn.  74. 
Commonwealth  v.  Deerfield,  6  Allen,  449. 
Titcomb  v.  Fitchburg  Ry.  Co.,  12  Allen,  254. 
R.  R.  Co.  v.  State,  32  N.  J.  L.  220. 
White   v.   Inhabitants  of   Quincy,  97  Mass. 

430- 
Cott    v.   Lewiston,    etc.,    Ry.  Co.,  36    N.  Y. 

214. 
Richardson  v.   N.  Y.   Cent.  &  H.  R.  R.  R., 

45  N.  Y.  847- 
Johnson  v.  P.  &  S.  Ry.  Co.,  10  R.  I.  365. 
Railroad  v.  Moffitt,  75  111.  524. 
Farley  v.  C.  R.  I.  &  P.  Ry.,  42  Iowa,  234. 
Hays  v.  N.  Y.  Cent.  &  H.  R.  R.  R.,  9  Hun 

(N.  Y.)  63. 
N.  Cent.   R.   R.  v.    Mayor   of   Baltimore,  46 

Md.  425. 
R.  R.  Co.  v.  Commissioners,  31  O.  St.  338. 
People  v.  N.  Y.  C.  &  H.  R.  R.  R.,  74  X.  Y. 

302. 
Masterton  v.  N.    Y.   C.  &   H.    R.   R.   R.,  84 

N.  Y.  247. 
Paducah,  etc.,   Ry.  Co.  v.  Commrs.,  80  Ky. 

147. 
Cooke  v.  Ry.  Co.,  10  A.  &  E.  Ry.  Ca.  328. 
Jersey   City   v.  Jersey  Cent.   Ry.   (X.  J.),  2 

At.  Rep.  262. 
N.  Y.  &  G.  L.  Ry.  v.  State,   32  A.  &   E.   R. 

R.  Ca.  186. 
Long  Island  Ry.  Co.  v.  Brooklyn,  8    X.  Y. 

Sup.  S05. 


87 

To  the  same  effect  are  the  Minnesota  cases  above 
cited,  in  the  first  of  which  the  court  says: 

"The  duty  prescribed  is  to  keep  at  all  times,  and 
under  all  circumstances,  the  streets  at  points  where 
they  are  intercepted  by  the  railroad,  in  a  condition 
and  state  of  repair,  so  as  not  to  impair  or  interfere 
with  their  free  and  proper  use. 

"  And  if  this  cannot  be  done  with  a  surface  cross- 
ing, the  company  must  do  it,  either  by  carrying  their 
tracks  over  or  under  the  highway,  or  the  highway 
under  or  over  their  tracks;  and  the  duty  of  thus  re- 
storing or  preserving  the  free  use  of  the  street  includes 
the  doing  of  whatever  is  needed  to  accomplish  the 
required  end,  and  which  is  rendered  necessary  to  be 
done  by  reason  of  the  presence  of  the  railroad  in  the 
street. 

"It  is  clear  upon  both  reason  and  authority  that 
this  duty  is  a  continuing  one. 

"  It  is  not  fulfilled  by  simply  putting  the  street,  at 
the  time  the  railroad  is  built,  in  such  condition  as  not 
to  impair  or  interfere  with  its  free  and  proper  use  at 
that  time,  or  even  by  maintaining  it  in  such  condi 
tion  as  would  have  accomplished  that  end  had  the 
circumstances  and  conditions  onginallv  existing  con- 
tinued. 

"The  requirement  of  the  statute  has  a  wider  scope 
than  this,  and  has  reference  to  all  future  exigencies. 

"  The  legislature  never  intended  to  fix  or  limit  the 
duty  of  the  company  by  the  necessities  of  the  public 
at  any  one  time  or  under  any  particular  state  of  cir- 
cumstances. 

"  They  intended  to  impose  upon  the  company  the 
duty,    from  time   to  time,  of    putting    the    street   in 


such  condition  and  state  of  repair  as  changed  circum- 
stances, such  as  the  increased  travel  on  the  street, 
or  increased  traffic  on  the  railroad,  might  render 
necessary  to  its  free  and  proper  use. 

"  A  condition  of  the  street  or  mode  of  crossing-  the 
railroad  might  be  entirely  adequate  for  the  accom- 
modation of  the  public  under  one  condition  of  things, 
and  entirely  inadequate  under  another;  and  conse- 
quently a  provision  which  at  one  juncture  would  be 
a  discharge  of  this  statutory  duty  would  at  another 
amount  to  its  violation. 

"  For  example,  a  single  track  laid  on  the  surface 
of  a  street  in  a  small  town  where  the  traffic  on  the 
railroad  and  the  travel  on  the  street  were  limited, 
might  not,  and  probably  would  not,  seriously  inter- 
fere with  the  use  of  the  street;  while  numerous  tracks 
in  constant  use,  thus  laid  upon  a  crowded  thorough- 
fare of  a  populous  city,  might  almost  entirely  deprive 
the  public  of  the  use  of  the  street. 

"  In  the  latter  case  it  would  be  a  mere  technical 
quibble  for  the  railroad  company  to  say  that  it  had 
performed  its  duty  because  it  had  put  the  surface  of 
the  street  in  proper  condition,  although  by  reason  of 
constantly  passing  trains  the  public  were  as  complete- 
ly prevented  from  crossing  it  as  if  the  street  had  been 
divided  by  an  impassable  gulf." 

See  also  Memphis,  etc.,  Ry.  v.  State,  n  S.  W.  Rep. 

947- 
Mills  on  Eminent  Domain,  p.  386,  sec.  198. 
Wellcome  v.  Leeds,  51  Me.  313. 
City  of  Chester  v.  B.  &  P.  R.   R.  Co.,  21 

At.  Rep.  320. 


89 

State  v.  C,  B.  &   O.  R.  R.  Co.,  45  N.  W. 

Rep.  469. 
State  v.  City  of  Camden,  21  At.  Rep.  565. 
State  v.  M.  &  St.  L.  Ry.  Co.,  supra. 

In  the  latter  case  the  court  say:  "  The  fact  that 
respondent  formerly  laid  its  tracks  at  a  considerable 
expense  upon  the  grade  of  the  streets,  by  the  author- 
ity of  the  City  Council,  does  not  exempt  it  from 
bridging  when  the  increased  use  of  both  the  streets 
and  the  railways  renders  that  necessary." 


III. 


AS    TO    THE    REMEDY. 

In  re  Trenton  Water  Power  Company,  supra,  the 
obligation  rested  wholly  upon  the  principle  of  the 
common  law,  in  the  absence  of  any  express  statute 
upon  the  subject.     The  court  said: 

"The  only  remaining  question  is  whether  the  obli- 
gation of  the  company  is  so  clear  that  the  court  ought 
to  grant  a  mandamus.  For  it  is  undoubtedly  improp- 
er to  grant  this  writ  except  in  cases  of  clear  obliga- 
tion. 

•  The  writ  itself,  in  its  very  form,  prejudges  the 
party  on  the  matter  of  his  obligation. 

"True,  he  may  return  to  the  first  writ  any  matter 
of  avoidance;  as  that  he  does  not  sustain  the  office  or 
the  relation  which  the  writ  supposes,  as  was  done  in 
the  case  of  State  v.  Holliday,  when  brought  before  the 
court  in  3d  Halsted's  Reports,  265. 

"  But  if  the  defendant  admits  or  cannot  deny  his 


90 

office  or  the  capacity  or  relation  in  which  the  writ  sup- 
poses him  to  stand  and  the  facts  recited  in  the  writ, 
he  cannot  question  or  deny  his  duty  and  obligation  in 
point  of  law.  But  where  the  court  has  no  doubts  on 
the  question  of  obligation,  and  the  act  or  omission 
complained  of  is  admitted,  I  can  see  no  good  to  be  at 
tained  by  putting  the  parties  to  the  expense  and  delay 
of  proceeding  by  indictment  before  granting  that  re- 
lief which  it  is  clearly  seen  must  in  the  end  be 
awarded. 

"And  as  the  obligation  of  the  defendants  in  this 
case  appears  to  my  mind  to  be  clear  and  free  from  all 
doubts,  I  am  decidedly  of  opinion  that  we  ought  to 
grant  the  motion  of  the  applicants. 

"  Mandamus  awarded." 

People  v.  D.  &  C.  R.  R.  Co.,  58  N.  Y.  152,  is  a  most 
thoroughly  considered  case  on  the  subject  of  manda- 
mus in  such  cases,  the  opinion  being  read  by  Mr.  Jus- 
tice Folder. 

In  that  case  the  statute  imposed  the  duty  of  resto- 
ration generally,  without  conferring  upon  any  public 
authority  the  duty  or  power  of  prescribing  any  partic- 
ular mode  of  restoration.  The  court  held  that  the 
writ  should  point  out  in  what  particulars  the  corpora- 
tion had  failed  to  restore,  and  to  specify  the  particu- 
lar manner  of  restoration. 

This  case  is  to  be  commended  for  its  very  thor- 
ough and  philosophical  consideration  of  the  office  and 
purpose  of  the  modern  writ  of  mandamus. 

In  the  Minnesota  cases,  the  City  Council  of  Min- 
neapolis were,  by  the  municipal  charter,  vested  with 
the  general  control  of  the  streets  and  alleys. 

The  Council  adopted  a  specific  plan  of  restoration, 


91 

which  in  the  first  case  involved  carrying-  one  of  the 
streets  under  the  railroad  tracks,  while  in  the  other 
cases  a  plan  was  adopted  which  involved  the  lower- 
ing of  the  numerous  tracks  of  the  railroad  companies 
crossing  four  streets,  some  ten  feet  below  the  existing- 
surface  of  the  streets,  and  the  construction  of  bridges 
above  the  tracks,  with  a  headway  of  twenty  feet  in 
the  clear. 

In  the  first  case  the  court  said  : 

"  Whether  respondent  has  in  fact  complied  with 
the  requirements  of  its  charter,  is  a  question  which 
neither  it  nor  the  city  can  determine  absolutely  with- 
out the  assent  of  the  other. 

"  Like  all  other  matters  involving  a  controversy 
concerning  public  duty  and  private  right,  it  has  to 
be  adjusted  and  settled  by  judicial  inquiry  and  deter- 
mination. 

"  Hence  the  decision  of  the  City  Council  is  not  con- 
clusive upon  the  questions  of  the  duty  of  the  company 
to  build  this  viaduct  or  that  it  should  be  built  upon 
the  plan  proposed.  These  are  matters,  if  put  in  issue, 
for  the  determination  of  the  court  upon  the  hearing." 

Citing  Commonwealth  v.  New  Bedford  Bridge, 
Cook  v.  Boston  &  Lowell  R.  R.  Co.,  supra,  it  must  be 
conceded  that  the  surface  of  the  streets  in  this  city, 
except  perhaps  in  some  of  the  remote  suburbs, 
are  so  obstructed  by  railway  tracks  that  the  duty 
arises  on  the  part  of  the  railroad  companies  responsi- 
ble therefor,  to  restore  them,  in  the  language  of  the 
provisions  of  the  statutes  cited  above.  Undoubtedly 
mandamus  would  lie  to  at  once  require  the  perform- 
ance of  the  duty  imposed  both  by  the  principles  of 
the  common  law  and  the  provisions  of  the  statute. 


92 

And  the  writ  might  run  in  general  terms  requiring 
the  restoration,  but  leaving  the  mode  to  the  discre- 
tion  of  the  railroad  companies,  unless  that  discretion 
is  taken  away  by  the  provisions  of  the  statute  which 
will  be  presently  cited. 

The  provisions  of  the  charter  of  the  City  of  Chicago 
placing  the  control  of  the  streets  and  alleys  and  pub- 
lic grounds  in  the  hands  of  the  City  Council  undoubt- 
edly confers  upon  that  body  power  to  prescribe  any 
reasonable  plan  or  mode  of  restoration. 

And  any  ordinance  prescribing  a  plan  of  restora- 
tion either  by  the  construction  of  viaducts  or  requir- 
ing railway  tracks  to  be  constructed  above  the  streets 
would  be  enforceable  in  the  courts  by  the  writ  of 
mandamus,  unless  such  ordinances  could  be  avoided 
upon  the  ground  of  unreasonableness. 

And  this  proceeding  could  be  brought  by  the  city 
through  the  interest  which  it  has  by  virtue  of  the  pro- 
visions of  its  charter. 

But  the  statutes  of  this  State  confer  express  power 
to  prescribe  the  plan  or  mode  of  restoration  : 

"  Whenever  any  railroad  corporation  shall  neglect 
to  construct  and  maintain  any  of  its  crossings  and 
approaches,  as  provided  in  Section  8  of  this  Act,  it 
shall  be  the  duty  of  the  proper  public  authorities  hav- 
ing the  charge  of  such  highway  or  streets,  to  notify, 
in  writing,  the  nearest  agent  of  said  railroad  corpora- 
tion of  the  condition  of  said  crossing  or  approaches, 
and  direct  the  same  to  be  constructed,  altered,  or  re- 
paired in  such  manner  as  they  shall  deem  necessary 
for  the  safety  of  persons  and  property."  Paragraphs 
71,  72,  jT>  and  74,  Starr  &  Curtis,  Annotated  Statutes. 


93 

IV. 

Inasmuch  as  the  duty  of  restoring"  streets  inter- 
sected by  railroads  to  their  former  state  of  usefulness 
to  the  public,  and  free  from  any  substantial  obstruc- 
tion, rests  wholly  upon  the  railroad  companies,  and 
the  expense  thereof  is  entirely  to  be  borne  by  them, 
both  by  the  terms  of  the  statute  and  the  principles  of 
the  common  law,  no  good  reason  is  perceivable  why 
the  municipality  of  Chicago  should  continue  the 
policy  hitherto  pursued,  of  sharing  in  the  expense  so 
occasioned. 

Indeed  it  may  well  be  claimed  that  the  use  of  the 
public  moneys  in  the  manner  indicated  subjects  the 
public  officers  responsible  therefor  to  a  prosecution, 
civil  or  criminal  or  both,  for  misapplication  of  the 
public  funds. 

It  is  a  well-settled  principle  that  the  public  funds 
cannot  be  used  for  a  purpose  not  expressly  authorized 
by  law  ;  hence  the  use  of  these  funds  for  the  purpose 
indicated  amounts  to  nothing  less  than  a  donation, 
which  the  public  officers  have  no  authority  to  make. 

And  it  might  well  be  contended  that  the  railroad 
corporations  which  have  received  these  funds  or  their 
benefit,  through  their  application  to  the  restoration  of 
a  street,  the  expense  of  which  was  imposed  on  them, 
are  liable  to  account  therefor  as  a  trust  fund  wrong- 
fully secured  upon  both  legal  and  equitable  principles. 

Finally,  it  is  submitted  that  in  no  large  city  in  the 
civilized  world  has  there  been  in  the  past,  or  is  there 
now  in  effect,  a  policy  on  the  part  of  the  municipal 
authorities  which  sanctions  such  comprehensive  and 
intense  obstructions  and  interference  with  the  public 


94 

highways  as  that  adopted  by  the  public  authorities  in 
this  city. 

And  it  is  high  time  that  both  the  public  authorities 
and  the  railroad  corporations  awoke  to  the  fact  that  a 
proper  regard  for  their  own  interests  severally,  as  well 
as  considerations  of  humanity,  requires  that  the  high- 
ways and  the  railroads  should  be  divorced  upon  a 
plan  which  shall  secure  to  the  public,  when  traveling 
upon  the  highways,  immunity  from  injury  to,  and  de- 
struction of,  human  life,  and  the  public  and  the  rail- 
road companies  enabled  to  transact  their  business  free 
from  interference  or  obstruction  by  each  other. 


95 


THE  CHICAGO  RAILROAD  TERMINAL  PROB- 
LEM AS  PASSED  UPON  BY  THE  SUPREME 
COURT  OF  THE  STATE  OF  ILLINOIS. 

LIGARE    V.    CITY    OF    CHICAGO.* 

{Supreme  Court  of  Illinois.     Oct.  31,  1891.) 

Municipal  Corporations — Ordinances — Eminent  Domain — Opening  Streets 
— Obstruction  of  Water-Ways. 

1.  Where  a  City  Council  on  the  same  day  passes  two  ordinances,  the  one 
providing  for  widening  a  certain  street,  and  the  other  granting  a  railroad  com- 
pany a  right  of  way  on  the  street  as  widened,  and  requiring  it  to  pay  the  ex- 
pense of  condemning  the  land  necessary  for  widening  the  street,  as  provided 
for  in  the  other  ordinance,  the  two  ordinances  will  be  treated  as  if  they  were  a 
single  ordinance. 

2.  A  City  Council  has  no  power  to  condemn  land  for  streets  for  the  ex- 
press purpose  of  giving  a  railroad  company  the  use  of  the  street  in  such  a 
manner  as  to  exclude  all  other  travel  therefrom. 

3.  A  street  cannot,  by  condemnation  proceedings,  be  so  laid  out  across  a 
navigable  water-way  as  to  destroy  the  water-way. 

4.  Rev.  St.  111.  1S74,  c.  24,  art.  5,  §1,  cl.  31,  which  authorizes  cities  "to 
construct  and  keep  in  repair  canals  and  slips  for  the  accommodation  of  com- 
merce." does  not  give  them  power  to  fill  up  slips. 

Appeal  from  Superior  Court,  Cook  County  ;  John 
P.  Altgeld,  Judge. 

This  is  a  petition  by  the  City  of  Chicago  to  con- 
demn land  under  two  city  ordinances,  The  condem- 
nation was  ordered  as  prayed  for.  George  A.  Ligare, 
one  of  the  owners  of  land  sought  to  be  taken,  appeals. 
Reversed. 

The  first  ordinance  provides  as  follows  :  "  Sec- 
tion   1.     That,   in    consideration    of   the   agreements 

*  Reported  by  Louis  Boisot,  Jr.,  Esq.,  of  the  Chicago  bar. 


96 

hereinafter  contained,  the  right  is  hereby  granted  to 
the  Chicago,  Madison  &  Northern  Railroad  Company, 
its  lessees,  successors,  and  assigns,  to  construct,  main- 
tain, and  operate  a  railroad  with  two  or  more  main 
tracks  and  necessary  side  or  connecting  tracks,  turn- 
outs, switches,  and  appurtenances,  over  such  lands  as 
it  now  has,  or  may  hereafter  in  any  manner  acquire, 
the  right  to  lay  tracks  upon,  and  over,  across  or  along, 
all  intervening  streets,  alleys,  and  public  grounds 
along  and  upon  the  following  route.  *  *  *  Sec. 
5.  Whereas  an  ordinance  has  been  introduced  and 
is  now  pending  in  the  City  Council  for  the  widening 
of  Archer  avenue,  between  Bushnell  street  and  San- 
ger street,  by  appropriating  therefor  the  land  on  the 
south  side  of  said  avenue  lying  north  of  the  following 
described  line,  to  wit  :  "  "  *  Now,  in  case  said  ordi- 
nance shall  go  into  effect  and  s^id  avenue  is  widened, 
permission  and  authority  are  hereby  granted  to  the 
Chicago,  Madison  &  Northern  Railroad  Company, 
its  lessees,  successors,  and  assigns,  to  lay  down,  main- 
tain, and  operate  four  railroad  tracks,  and  to  the  Chi- 
cago &  Alton  Railroad  Company,  its  lessees,  suc- 
cessors and  assigns,  to  lay  down,  maintain,  and  oper- 
ate two  railroad  tracks,  on  that  portion  of  Archer 
avenue,  when  widened  as  aforesaid,  lying  between 
the  two  following  lines,  to  wit  :  One  line  north  of, 
and  nearly  parallel  to,  and  seventy  (70)  feet  distant 
from  the  south  line  of  widened  Archer  avenue,  as 
said  line  is  above  described;  the  other  line  north  of, 
and  nearly  parallel  to,  the  said  described  line,  and 
one  hundred  and  sixty  (160)  feet  distant  therefrom. 
The  permission  and  authority  granted  in  this  section 
are  upon  the  condition,  however,  that  no   steam  rail- 


road  track  shall  be  laid  down  or  maintained  on  said 
Archer  avenue,  between  Bushnell  street  and  Sanger 
street,  except  between  the  two  lines  last  above  de- 
scribed; and  upon  the  further  condition  that  the  cost 
and  expense  of  procuring  the  land  necessary  for  the 
widening  of  Archer  avenue  as  aforesaid,  and  all  dam- 
ages occasioned  thereby,  and  the  cost  of  grading  and 
paving  the  same,  and  also  so  much  of  the  said  street 
adjoining  it  on  the  north  as  shall  be  occupied  by  the 
tracks  of  the  Chicago,  Madison  &  Northern  Railroad 
Company  and  the  tracks  of  the  Chicago  &  Alton 
Railroad  Company,  shall  be  paid  for  by  the  Chicago, 
Madison  &  Northern  Railroad  Company,  and  a  spe- 
cial assessment  for  the  aforesaid  cost  and  expense 
may  be  levied  solely  on  the  property  of  said  railroad 
company.  And  the  said  Chicago,  Madison  &  North- 
ern Railroad  Company  shall  build,  at  its  own  ex- 
pense, in  conformity  to  plans  to  be  approved  by  the 
commissioner  of  public  works,  along  the  south  side 
of  its  roadway,  the  entire  length  of  Archer  avenue, 
which  it  shall  traverse,  a  substantial  brick  or  stone 
wall  12  feet  in  height,  with  stone  coping,  which  said 
company  shall  keep  in  good  condition  and  repair, 
and  shall  also  construct  a  sidewalk  along  the  south 
side  of  said  wall  whenever  the  same  shall  be  ordered 
by  the  municipal  authorities  of  said  city.  Sec.  6. 
The  rights  and  privileges  hereby  granted  to  the  sev- 
eral railroad  companies  herein  named  in  Archer  av- 
enue are  subject  to  the  rights  and  privileges  therein 
of  the  Chicago  City  Railroad  Company,  and  permis- 
sion and  authority  are  hereby  granted,  upon  the  com- 
pletion of  the  widening  of  Archer  avenue,  as  afore- 
said, to  the  said  Chicago  City   Railroad  Company,  if 


98 

it  elects  so  to  do,  to  remove  their  tracks  from  their 
present  location  in  that  portion  of  Archer  avenue  so 
to  be  widened,  and  to  relay  them  upon  the  south  70 
feet  of  Archer  avenue,  as  widened  :  provided,  how- 
ever, that  said  removal  shall  not  be  made  until  a  per- 
mit therefor  shall  be  obtained,  and  the  proposed  lo- 
cation of  said  tracks  on  said  70  feet  has  been  ap- 
proved by  the  commissioner  of  public  works,  and 
said  tracks  shall  be  relaid  subject  to  the  approval  of 
the  said  commissioner.  Such  removal  shall  be  a 
waiver  and  abandonment  of  the  rights  of  said  Chi- 
cago City  Railway  Company  as  to  the  portion  of 
Archer  avenue  from  which  said  tracks  are  removed. 
Sec.  7.  All  that  portion  of  Ogden  slip  lying  south  of 
the  north  line  of  Archer  avenue,  as  the  same  shall  be 
widened  as  recited  in  section  5,  shall  be  permanently 
filled  with  earth,  and  the  cost  of  the  said  improvement 
shall  be  paid  by  the  Chicago,  Madison  &  Northern 
Railroad  Company."     *     *     * 

The  second  of  said  ordinances  is  as  follows:  "  Sec- 
tion 1.  That  the  portion  of  Archer  avenue,  lying  be- 
tween a  point  on  the  south  line  of  said  avenue,  100 
feet  east  of  the  east  line  of  Bushnell  street,  and  the 
easterly  line  of  Sanger  street,  be,  and  the  same  is 
hereby,  ordered  widened,  as  follows,  viz.:  By  taking 
or  appropriating  therefor  the  land  on  the  south  side 
of  said  avenue  lying  north  of  the  following  described 
line.  *  *  *  Sec.  2.  Any  legal  proceedings  neces- 
sary to  accomplish  the  widening  of  Archer  avenue 
as  aforesaid  are  hereby  authorized,  and  the  counsel 
to  the  corporation  is  hereby  directed  to  file  a  petition 
in  a  court  of  competent  jurisdiction  in  Cook  County, 
111.,  in  the  name  of  the  City  of  Chicago,  praying  that 


99 

the  just  compensation  to  be  made  for  private  proper- 
ty to  be  taken  or  damaged  for  said  improvements  or 
purpose  specified  in  this  ordinance  shall  be  ascertained 
by  a  jury;  and  to  file  a  supplemental  petition  in  ac- 
cordance with  the  provisions  of  section  53,  of  article 
9,  of  an  act  of  the  General  Assembly  of  the  State  of 
Illinois,  entitled,  '  An  act  to  provide  for  the  incorpora- 
tion of  cities  and  villages.'  Sec.  3.  The  improve- 
ment hereby  ordered  shall  be  made  and  the  cost  there- 
of paid  for  by  a  special  assessment  to  be  levied  upon 
the  property  benefited  thereby,  to  the  amount  that 
the  same  may  be  legally  assessed  therefor,  and  the 
remainder  of  such  cost  to  be  paid  by  general  taxation, 
in  accordance  with  article  9  aforesaid." 

C.  C.  Bonney  and  R.  S.  Thompson,  for  appellant. 
E.  H.  Gary,  for  appellee. 

Schlofield,  C.  J.  It  is,  to  our  minds,  clear  that 
both  ordinances  before  us  in  this  case  are  but  parts 
of  a  single  and  entire  scheme.  They  were  adopted 
on  the  same  day,  and  the  former  expressly  refers  to, 
and  is  by  its  terms  dependent  upon,  the  adoption  and 
enforcement  of  the  latter;  and  it  requires  that  the 
entire  cost  and  expense  of  enforcing  both  ordinances, 
and  all  damages  which  may  be  adjudged  against  the 
city  by  reason  of  their  being  adopted  and  enforced, 
shall  be  paid  by  the  railroad  company.  Moreover, 
the  attempt  to  widen  Archer  avenue  for  the  limited 
distance,  and  in  the  peculiar  manner  described  in  the 
second  ordinance,  is  manifestly  to  meet  a  local  want 
in  that  respect;  and  the  first  ordinance  conclusively 
shows  that  that  local  want  is  space  for  laying  down 
additional  railroad  tracks,  and  nothing  else.  It  is  also 
of  some  significance,  as  confirmatory  of  this  view,  that 


100 

the  petition  for  condemnation  alleges  that  the  second 
ordinance  contemplates  the  closing  and  rilling  up  of 
Ogden  slip,  and  that  can  only  be  upon  the  assump- 
tion that  the  first  ordinance  is  supplemental  to  the 
second;  for  Ogden  slip  is  not  mentioned  or  referred 
to,  directly  or  indirectly,  in  the  second  ordinance. 
The  case  must,  then,  be  treated  precisely  the  same  as 
if  both  ordinances  had  been  embodied  in  one;  and  we 
shall  therefore  treat  them  as  a  sing-le  ordinance,  for 
widening  a  street  in  the  manner  proposed,  at  the  same 
time  giving  the  use  of  all  of  the  old  street,  at  the  place 
where  the  street  is  widened,  and  a  part  of  the  new 
street  added  by  the  widening,  exclusively  to  steam 
raiiroad  companies  for  laying  and  operating  their 
tracks,  and  also  for  closing  and  filling  up  a  public 
waterway.  Archer  avenue  is  sixty  feet  wide.  One 
steam  railroad  track  is  now  laid  on  it,  and  operated 
by  the  Chicago  &  Alton  Railroad  Company.  The  or- 
dinance adds,  at  the  point  under  consideration  ioo 
feet  to  the  street,  and  takes  30  feet  of  that  and  adds 
it  to  the  60  feet,  making  90  feet;  and  upon  this  au- 
thorizes the  Chicago  and  Alton  Railroad  Company 
to  lay  and  operate  two  additional  tracks,  and  the  Chi- 
cago, Madison  &  Northern  Railroad  Company  to  lay 
and  operate  four  tracks,  making  in  all  seven  tracks 
to  be  laid  and  operated  by  steam  engines  within  this 
90  feet,  or  one  track  for  every  12  6-7  feet,  and  then 
requires  that  the  part  thus  to  be  used  shall  be  cut  off 
from  the  remaining  70  feet  of  the  street  to  be  added, 
by  a  stone  or  brick  wall  12  feet  in  height.  The  space 
to  be  occupied  by  the  railroad  tracks  has  also  a  line 
for  street-cars  operated  within  it,  but  permission  is 
given  to  remove  that  to  the  70  feet  south  of  the  wall. 


101 

We  shall  take  no  time  to  demonstrate  that  the  60 
feet  of  old  street  and  the  30  feet  of  new  street,  thus 
to  be  occupied  by  seven  steam  railroad  tracks,  are  ex- 
clusively devoted  by  the  ordinance  to  the  use  of  rail- 
road companies.  Hemmed  in  by  the  wall  on  the  one 
side,  and  by  the  buildings  or  inclosures  on  private  prop- 
erty on  the  other,  no  rational  being  would,  at  the  risk 
of  the  inevitable  dangers  from  passing  engines  and 
cars,  use  that  part  of  the  street  as  a  common  high- 
way, unless  under  stress  of  most  extraordinary  cir- 
cumstances. It  is  not  material  that  the  public  are  not, 
by  the  words  of  the  ordinance,  forbidden  the  use  of 
this  part  of  the  street.  The  effect  of  the  grant  is  in- 
evitably an  exclusion  of  all  but  these  railroads  from 
its  use,  and  the  law  deals  with  results,  and  not  with 
mere  forms,  in  such  matters.  Undoubtedly  it  has 
been  held,  in  many  cases  in  this  court,  that  it  is  a 
legitimate  use  of  a  street  to  allow  a  steam  railroad 
track  to  be  laid  and  operated  upon  it  when  there  is 
legislative  authority  therefor,  but  it  has  never  been 
held  that,  under  legislative  authority  merely  author- 
izing tracks  to  be  laid  in  streets,  it  is  competent  for  a 
municipality  to  grant  the  exclusive  use  of  a  street  to 
a  railroad  company. 

The  leading  case  on  this  question  is  Moses  v.  Rail- 
road Co.,  21  111.  516.  It  was  there  sought  to  enjoin 
the  laying  of  a  railroad  track  in  a  street,  and  it  was 
held  that  it  was  admissible  for  a  Common  Council,  in- 
vested with  legislative  authority  to  that  end,  to  au- 
thorize a  railroad  track  to  be  laid  in  the  street,  because 
streets  are  for  no  exclusive  mode  of  passage  of  per- 
sons and  property,  and  therefore  all  modes  may  be 
tolerated.    The  gist  of  the  reasoning  is  in  the  follow- 


102 

ing  sentence  from  the  opinion  of  the  court  :  "  A  street 
is  made  for  the  passage  of  persons  and  property,  and 
the  law  cannot  define  what  exclusive  means  of  trans- 
portation and  passage  shall  be  used."  In  Stack  v. 
City  of  East  St.  Louis,  85  111.  37/,  action  was  brought 
against  the  city  for  permitting  a  railroad  company  to 
obstruct  a  street  by  a  necessary  embankment  made 
for  its  track  in  approaching  a  bridge,  and  the  action 
was  maintained  upon  the  ground,  in  part,  that  a  rail- 
road company  cannot  be  allowed  to  exclude  other 
uses  of  the  street.  And  it  was,  among  other  things, 
said  in  the  opinion  :  "It  has,  however,  been  held  that 
a  city  or  village  may  authorize  the  laying  of  railroad 
tracks  in  their  streets  ;  that  such  a  use  is  not  incon- 
sistent with  the  trust  for  which  they  are  held  by  the 
city.  But,  in  thus  permitting  them  to  be  used,  the 
city  has  no  right  to  so  obstruct  the  streets  as  to  deprive 
the  public  and  adjacent  property-holders  of  their  use 
as  streets.  The  primary  object  is  for  ordinary  passage 
and  travel,  and  the  public  and  individuals  cannot  be 
rightfully  deprived  of  such  use."  To  like  effect,  also, 
is  Canal  Co.  v.  Garrity,  115  111.  155,  3  N.  E.  Rep. 
448;  City  of  Olney  v.  Wharf,  115  ill.  523,  5  X.  E. 
Rep.  366.  And  so  it  has  been  held,  in  Missouri,  it  is 
not  competent  for  a  city  to  authorize  such  use  of  a 
street,  dedicated  as  a  street,  as  will  destroy  it  as  a 
thoroughfare  for  the  public.  Dubach  v.  Railroad  Co., 
89  Mo.  486,  1  S.  W.  Rep.  86.  See,  also,  Railway  Co. 
v.  City  of  Louisville,  8  Bush.  419. 

It  is  so  familiar  that  we  need  not  stop  to  demon- 
strate it,  that  cities,  villages,  and  towns  are  only 
empowered  to  lay  out,  open  and  improve  streets  for 
such  public  use,  and  that  persons  and  property  within 


103 

the  municipality  may  be  legitimately  assessed  or 
taxed  for  payment  therefor,  and  that  persons  and 
property  within  a  municipality  cannot  be  legitimately 
assessed  or  taxed  for  the  right  of  way,  or  making  or 
improving  of  a  road  for  a  railroad  company  alone. 
This  being  conceded,  authority  will  in  vain  be  sought 
for  a  municipality  to  devote  a  street  which  has  been 
improved  and  maintained  by  municipal  expense  to  an 
exclusive  use  for  which  it  has  no  authority  to  lay  out, 
open,  or  improve  it.  We  do  not  deny  that  the  city 
has  power  to  widen  streets  generally,  and  that  when 
it  has  undertaken  to  do  so  the  motives  that  may  have 
actuated  those  in  authority  are  not  the  subject  of 
judicial  investigation,  but  the  purpose  for  which  a 
thing  is  done  is  very  different  from  the  motives  which 
may  have  actuated  those  by  whom  it  is  done,  and  is, 
in  the  present  instance,  a  legitimate  subject  of  judicial 
investigation  ;  for  the  right  to  exercise  the  power  of 
eminent  domain  is  in  all  cases  limited  by  the  purpose 
for  which  it  shall  be  exercised.  Thus,  private  prop- 
erty may  be  condemned  for  public  use,  but  it  may 
be  shown  that  the  use  in  fact  is  not  public,  but  pri- 
vate. Railroad  Co.  v.  Wiltse,  116  111.  454,  6  N.  E. 
Rep.  49  ;  Sholl  v.  Coal  Co.,  1 18  111.  427,  10  N.  E.  Rep. 
199. 

Statutes  conferring  power  to  exercise  the  right  of 
eminent  domain  are  to  be  construed  strictly.  Unless 
both  the  letter  and  spirit  of  the  statute  relied  upon 
clearly  confer  the  claimed  power,  it  cannot  be  exer- 
cised. City  of  East  St.  Louis  v.  St.  John,  47  111.  463  ; 
Railroad  Co.  v.  Wiltse,  and  Sholl  v.  Coal  Co.,  supra. 
It  is  not  a  question  whether  the  person  or  corporation 
seeking  to  exercise  it  might  not  do  so  with  as  great 


104 

safety  to  persons  and  property  as  any  other  person  or 
corporation,  or  whether  it  would  work  out  an  equita- 
ble result  to  allow  a  particular  person  or  corporation 
to  exercise  it  in  a  given  case.  The  question  is  purely 
one  of  legal  power.  That  person  or  corporation 
which  the  statute  says  may  exercise  it  for  a  stated 
purpose  may  exercise  it  for  that  purpose,  but  for  no 
other  purpose,  and  no  other  person  or  corporation  not 
thus  authorized  can  exercise  it  for  that  purpose.  And 
so  we  held  in  Railway  Co.  v.  Gait,  133  111.  657,  23  N. 
E.  Rep.  425,  and  24  N.  E.  Rep.  674,  that  a  railroad 
company,  under  authority  to  condemn  property  for 
its  right  of  way,  cannot  condemn  property  for  a  street 
of  a  city  ;  and  obviously,  if  this  be  true,  the  reverse 
must  also  be  true.  A  city  cannot,  under  authority  to 
condemn  property  for  streets,  condemn  property  for 
a  railroad  track,  for  the  principle  must  be  the  same. 
But  may  the  city  here  do  indirectly — by  mere  change 
in  the  form — that  which  it  cannot  do  directly  ? 
Although  the  city  may  not  condemn  property  for  the 
use  of  the  railroad  company,  yet,  inasmuch  as  it  may 
allow  railroad  tracks  to  be  laid  in  its  streets,  may  it 
not  first  condemn  property  for  itself,  and  then  after- 
wards allow  the  railroad  tracks  to  be  laid  upon  it  to 
the  extent  of  excluding-  all  other  uses  ?  But  we  have 
seen  that,  under  the  power  merely  to  authorize  rail- 
road tracks  to  be  laid  in  streets,  a  city  has  no  right  to 
authorize  railroad  tracks  to  be  laid  upon  streets  so  as 
to  exclude  the  other  public  uses  of  the  street,  so  long 
as  it  shall  remain  a  public  street  ;  and  here  it  is  shown 
that  the  condemnation  is  for  the  express  purpose  of 
enabling  the  city  to  give  a  part  of  the  old  street  and 
thirty  feet  of  additional  space  to  the  exclusive  use  and 


105 

occupation  of  railroad  companies.  The  substance  is 
not  to  be  lost  sight  of  through  any  mere  jugglery  in 
the  use  of  words.  This  proceeding  is,  in  fact,  not  for 
the  city,  but  for  the  railroad  companies.  Condemn- 
ing for  the  railroad  companies,  and  condemning  for 
the  city  to  then  give  to  the  railroad  companies  are, 
in  legal  effect,  and  so  far  as  concerns  this  case,  pre- 
cisely the  same  thing. 

We  also  fail  to  find  any  authority  in  the  law  to 
condemn  and  fill  up  Ogden  slip.  The  evidence  is 
much  less  satisfactory  as  to  what  this  slip  is  than  it 
should  have  been.  There  is  enough,  however,  to  show 
that  it  is  a  navigable  water-way,  connected  with  the 
south  branch  of  Chicago  river,  and  appurtenant  to  ap- 
pellant's lots.  A  map  in  evidence  shows  its  location, 
and  it  was  spoken  of  by  witnesses,  without  objection, 
as  appurtenant  to  these  lots  and  as  a  water-way. 
Thus,  George  M.  Bogue  said  he  had  examined  appel- 
lant's lots  fronting  on  Ogden  slip  ;  considered  it  as 
having  a  dock  frontage.  Edward  Campbell  said  that 
he  was  familiar  with  Ogden  slip.  "Travel  has  never 
been  obstructed  by  vessels,  heavily  laden,  getting 
stuck  there  in  the  slip,  mostly  in  the  summer  time — 
vessels  laden  with  coal.  The  slip  was  used  but  little 
last  summer;  mostly  by  canal  boats  for  the  stone-yard. 
Larger  vessels  have  not  used  the  slip  lately."  Ed- 
ward C.  Huling  said  that  appellant's  property  has  a 
water  front,  and  could  receive  from  slips.  "  The  clos- 
ing up  the  slip  " — i.  c,  Ogden  slip — "  would  shut  off 
all  water  front."  There  are  other  references  in  the 
testimony  of  the  witnesses  of  like  character,  but  these, 
we  think,  are  sufficient.  The  right  of  navigation  and 
the  right  of  crossing  the  water-way  are  equal.     Both 


106 

are  to  be  exercised,  and  the  rights  of  each  are  to  be 
guarded.  Illinois  Packet  Co.  v.  Peoria  Bridge  Ass'n, 
38  111.  467.  When  a  franchise  is  granted  to  construct 
ways  in  streets  across  a  water-way,  there  is  no  implied 
right  to  destroy  the  water-way,  but  it  must  be  so  bridged 
that  its  use  will  not  be  unnecessarily  impaired.  El- 
liott's Roads  and  Streets,  p.  32  ct  seq.  If  it  be  conceded 
that  the  State  may  authorize  the  taking  or  destruction 
of  a  water-way,  it  devolves  on  those  who  claim  that 
the  State  has  done  so  to  show  it;  and,  since  that  is  not 
done  by  simply  showing  power  to  lay  out,  open,  and 
improve  streets  across  water-ways,  no  such  power  is 
here  shown.  Power  is  given  the  city  by  the  thirty- 
first  clause  of  section  1,  art.  5,  c.  24,  Rev.  St.  1874,  p. 
218,  "  To  construct  and  keep  in  repair  canals  and  slips 
for  the  accommodation  of  commerce."  But  we  have 
found  no  power  granted  to  the  city  to  close  them  and 
fill  them  up.  We  think,  counting  as  we  do,  the  two 
ordinances  as  one,  the  condemnation  adjudged  is  for  a 
purpose  unauthorized  by  law;  and  the  court  erred  in 
admitting  the  ordinances  in  evidence,  and  in  render- 
ing  judgment  as  it  did.     The  judgment  is  reversed. 


107 


Supreme  Court  of  Illinois. 

ILLINOIS  CENTRAL  RAILROAD    COMPANY    AGAINST  THE  CITY 

OF  CHICAGO. 

Nos.  81,  82,  and  83. 

Decision  rendered  May  12,  1892. 

Northwestern  Reporter,  Vol.  30,  No.  12,  page 
1044,  June  3,  1892. 

OPINION  BY  MAGRUDER,  C.  J. 

These  are  three  bills  in  chancery  filed  by  the  ap- 
pellant company  against  the  appellee  in  the  Circuit 
Court  of  Cook  County  ;  and  as  the  cases  involve  the 
same  questions  and  have  been  submitted  upon  the 
same  abstracts  and  briefs,  they  have  been  taken  and 
considered  as  one  cause.  The  object  of  the  bills  is  to 
enjoin  the  City  of  Chicago  from  extending  certain 
streets  across  the  right  of  way  of  the  Illinois  Central 
Railroad  Company.  The  first  bill  alleges  that,  on 
Sept.  22,  1890,  the  city  passed  an  ordinance  for  open- 
ing Fifty-sixth  street  across  such  right  of  way,  and 
thereafter  filed  its  petition  in  the  said  Circuit  Court 
for  the  condemnation  of  the  land  necessary  for  such 
improvement  ;  that  on  Sept.  15,  1890,  the  city  passed 
an  ordinance  for  the  opening  of  Seventy-ninth  street 
across  said  right  of  way,  and  thereafter  filed  its  peti- 
tion to  condemn  in  the  same  court  ;  that  on  Jan.  19, 
1 89 1,  the  city  passed  an  ordinance  for  opening  Sixtieth 
street  across  said  right  of  way,  but  no  proceeding  for 


108 

condemnation  in  pursuance  of  this  ordinance  appears 
to  have  been  begun  at  the  time  of  the  filing  of  the 
bill  on  Feb.  28,  1891. 

The  second  bill,  filed  on  June  15,  1891,  alleges 
that,  on  March  16,  1891,  the  city  passed  an  ordinance 
for  opening  Seventy-second  street  across  said  right  of 
way,  and  thereafter  filed  its  petition  for  condemnation 
in  said  court. 

The  third  bill,  filed  on  July  24,  1891,  alleges  that, 
on  March  30,  1891,  the  city  passed  an  ordinance  for 
opening  Eighty  -  second  street,  between  Dobson 
avenue  and  Stony  Island  avenue,  by  condemning 
therefor  that  part  of  appellant's  right  of  way  lying 
between  the  north  and  south  lines  of  said  street,  both 
produced  eastwardly  across  said  railroad,  and  there- 
after filed  its  petition  for  condemnation  in  the  Superior 
Court  of  said  county  ;  that  on  June  2,  1891,  the  city 
passed  an  ordinance  for  opening  and  widening  Nine- 
tieth street,  from  Manistee  avenue  to  the  west  line  of 
appellant's  right  of  way,  by  condemning  therefor  cer- 
tain specified  parts  of  appellant's  right  of  way  ;  that 
the  land  over  which  it  is  so  proposed  to  extend 
Eighty  -  second  and  Ninetieth  streets  is  "railroad 
yard  "  land  ;  that  eight  tracks  have  been  laid  in  that 
part  of  the  "  yard  "  where  Ninetieth  street  will  cross, 
and  two  tracks  are  in  course  of  construction  in  that 
part  where  Eighty-second  street  will  cross  ;  that  the 
city  thereafter  filed  its  petition  in  said  Superior  Court 
to  condemn  the  land  necessary  for  so  opening  and 
widening  Ninetieth  street. 

The  bills  pray  for  injunctions  against  the  opening  or 
extension  of  these  streets  across  the  railroad  tracks  or 
right  of  way,  at  grade,  or  otherwise  than  by  viaducts 


109 

over  or  subways  under  such  right  of  way  or  tracks. 
The  bills  charge,  and  the  answers  of  the  city  thereto 
deny,  that  the  extension  of  streets  as  ordered  in  said 
ordinances  will  be  an  irreparable  injury  to  the  railroad 
company,  and  will  obstruct  the  use  of  its  tracks  as 
now  located,  and  materially  and  unnecessarily  impair 
its  franchises.  Both  sides  introduced  testimony,  and 
after  hearing  was  had,  the  court  below  dissolved  the 
injunctions  and  dismissed  the  bills.  From  such  de- 
cree of  dismissal  the  present  appeals  are  prosecuted. 

The  material  questions  here  involved  have  been 
settled  by  recent  decisions  made  by  this  court  in  the 
cases  of  Illinois  Central  R.  R.  Co.  v.  City  oj  Chicago,  28 
N.  E.  Rep.  740,  and  Chicago  &  N.  W.  Ry.  Co.  v.  City 
of  Chicago,  29  N.  E.  Rep.  1 109.  In  view,  however,  of 
the  great  ability  and  ingenuity  with  which  counsel 
have  again  pressed  these  questions  upon  our  attention, 
we  will  re-state  our  views. 

The  appellant  company,  like  every  other  railroad 
company,  holds  its  right  of  way  subject  to  the  right 
of  the  public  to  extend  the  public  highways  and 
streets  across  such  right  of  way. 

The  constitution  of  the  State  provides  that  "  the 
exercise  of  the  power  and  the  right  of  eminent  do- 
main shall  never  be  so  construed  or  abridged  as  to 
prevent  the  taking  by  the  General  Assembly  of  the 
property  and  franchises  of  incorporated  companies 
already  organized,  and  subjecting  them  to  the  pub- 
lic necessity,  the  same  as  of  individuals."  (Cons,  of 
1870,  art.  1 1,  sec.  14.) 

By  the  Act  of  1872,  to  provide  for  the  incorpora- 
tion of  cities  and  villages,  the  General  Assembly  con- 
ferred upon  the  City  Council  in  cities  the  power  "  to 


J 


110 

lay  out,  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  improve  streets,  alleys,  avenues, 
sidewalks,  wharves,  parks  and  public  grounds  and 
vacate  the  same.''  (Rev.  Stat.,  chap.  24,  art.  5,  sec.  1., 
paragraph  7.)  If  the  Legislature  had  granted  to 
cities  no  other  power  in  regard  to  the  extension  of 
streets  across  existing  railroads  than  the  general 
power  conferred  by  paragraph  7,  here  quoted,  it 
might  be  necessary  to  consider  and  discuss  a  number 
of  authorities,  to  which  counsel  for  appellant  have 
referred  in  their  briefs.  These  authorities  hold  that 
the  land  included  in  the  right  of  way  of  an  existing 
railroad  is  already  devoted  to  a  public  use  by  express 
legislative  grant.  That  the  extension  of  a  street  across 
it  is  such  an  appropriation  of  it  to  another  public 
use  as  is  not  authorized  by  a  general  power  to  open 
or  extend  streets;  that,  in  such  case,  the  authority 
must  be  created  or  the  legislative  intent  must  be 
made  to  appear  by  express  words,  or  by  necessary 
implication.  The  General  Assembly  has  conferred 
upon  the  cities  in  this  State  the  power  to  extend 
streets  over  railroad  rights  of  way  by  express  legisla- 
tive authority.  That  authority  is  given  by  paragraph 
89  of  section  1  of  article  5  of  said  Act  of  April  10th, 
1872,  in  the  following  words:  "The  City  Council  shall 
have  power  by  condemnation  or  otherwise  to  extend 
any  street,  alley  or  highway  over  or  across  or  to  con- 
struct any  sewer  under  or  through  any  railroad  track, 
right  of  way  or  land  of  any  railroad  company  (within 
the  corporate  limits);  but  where  no  compensation  is 
made  to  such  railroad  company  the  city  shall  restore 
such  railroad  track  right  of  way  or  land  to  its  former 
state,  or  in  a  sufficient  manner  not  to  have  impaired 
its  usefulness." 


Ill 

Counsel  say  that  the  judgments  to  be  rendered  in 
the  condemnation  proceedings  will  take  the  land  it- 
self, or  the  exclusive  use  thereof.  Such  cannot  be  the 
effect  of  the  judgment.  We  held  in  Illinois  Central 
Railroad  Company  v.  City  of  Chicago,  supra,  that  the 
track  to  be  condemned  under  the  provisions  of  para- 
graph 89  "  for  the  extension  of  the  street  over  and 
across  railroads,  railroad  rights  of  way  and  lands," 
was  intended  by  the  Legislature  to  be  "subject  to  the 
joint  use  by  the  railroad  in  the  exercise  of  its  franchise 
and  by  the  public  as  a  street."  The  use  by  the  public 
is,  as  matter  of  fact,  subject  and  subordinate  to  the 
use  by  the  railroad  company.  The  trains  of  the  rail- 
road company  have  a  prior  right  to  passage  over  the 
crossing.  The  public,  at  whatever  inconvenience  it 
may  be  to  the  interests  or  the  business  of  the  individ- 
ual citizen,  is  compelled  to  wait  until  the  cars  of  the 
company  have  passed.  The  ordinances,  in  providing 
for  an  extension  of  the  streets  across  the  right  of  way 
and  'for  the  condemnation  of  railroad  property  for  the 
purposes  of  a  street,  provide  only  for  the  acquirement 
of  an  easement  by  the  public  over  the  railroad  land, 
and  not  for  any  ownership  in  the  fee  thereof.  The 
petitions  in  the  condemnation  proceedings  ask  only 
that  land  may  be  condemned  for  the  improvements 
specified  in  the  ordinances,  and  the  improvements  so 
specified  are  never  easements  to  be  acquired  for  the 
purpose  of  crossing  or  passing  over  the  tracks  or 
rights  of  way.  No  judgments  have  yet  been  entered 
in  the  condemnation  proceedings  sought  to  be  en- 
joined, but  such  judgments,  when  entered,  in  what- 
ever language  they  may  be  couched,  can  only  clothe 
the  city  with  an  easement  or  right  to  pass  over  the 


112 

tracks.  They  cannot  vest  the  city  with  the  fee  or  the 
land,  or  with  the  exclusive  use  thereof,  because  the 
statute  enters  into  and  forms  a  part  of  the  judgment, 
and  limits  and  qualifies  the  nature  of  the  condemna- 
tion therein  ordered.  As  paragraph  89  authorizes 
nothing  more  than  an  easement  to  be  acquired  by  the 
condemnation  proceedings,  it  follows  that  the  judg- 
ment therein  "  would  necessarily  only  have  vested 
the  city  with  the  right  of  use  and  occupancy  of  the 
land  condemned,  subject  to  the  rightful  use  of  the 
railroad  company  thereof.  Neither  will  have  the 
right  of  occupancy  to  the  exclusion  of  the  other,  but 
each  subordinate  to  the  right  of  the  other  for  the  sep- 
arate use  contemplated;  the  one  occupying  and  in 
control  thereof  for  all  the  legitimate  purposes  of  a 
public  street,  and  the  other  for  the  reasonable  and 
proper  exercise  of  its  franchise."  While,  however, 
the  statute  itself  will  limit  the  condemnation  judg- 
ment in  the  manner  here  indicated,  as  to  the  extent 
of  the  right  conferred  by  it,  yet  the  court  rendering 
such  judgment  has  the  power  to  specifically  state 
therein  the  nature  of  the  interest  thereby  vested  in 
the  city.  (///.  Cent.  R.  R.  Co.  v.  City  of  Chicago, 
supra .) 

We  have  also  held,  in  the  latter  case,  that  equity 
will  not  interpose  to  enjoin  a  condemnation  proceed- 
ing, at  any  rate  for  such  reasons  as  are  set  up  in  the 
present  bills.  Whatever  just  claims  the  railroad  com- 
pany may  have  to  compensation  can  be  set  up  in  that 
proceeding.  "  We  are  not  aware  of  any  authority 
that  authorizes  or  gives  jurisdiction  to  courts  of 
equity  to  proceed  by  injunction  unless  there  is  an  ex- 
cess or  abuse  of  the  power  conferred  by  law,  or  there 


113 

is  an  attempt  to  take  and  appropriate  the  property 
without  authority  of  law,  or  in  a  manner  and  to  an 
extent  not  authorized  by  law."  (111.  Cent.  R.  R.  Co. 
v.  City  of  Chicago,  supra.)  There  is  no  such  abuse 
or  unlawful  attempt  shown  by  the  records  in  these 
cases. 

The  allegations  contained  in  these  bills  amount,  in 
substance,  to  complaints  that  the  passage  of  trains 
over  the  proposed  crossings  will  be  so  frequent  and 
the  amount  of  public  travel  upon  the  streets  will  be 
so  great  as  to  subject  the  appellant  company  to  great 
inconvenience  and  hindrance  in  the  operation  of  its 
road.  Allegations  of  a  similar  character  were  made 
in  the  bill  in  L.  S.  and M.  S.  Ry.  Co.  v.  C.  and  Ji\  I. 
R.  R.  Co.,  97  111.  506,  where  the  complaining  com- 
panies filed  a  bill  against  the  defendant  company  to 
enjoin  the  latter  from  prosecuting  a  condemnation 
proceeding  instituted  for  the  purpose  of  acquiring  an 
easement  or  crossing  over  the  tracks  of  the  former; 
in  the  bill  in  that  case,  it  was  stated  that  complain- 
ant's business  was  constantly  increasing;  that  more 
than  3,500  cars  and  about  400  engines  passed  daily 
over  the  premises  in  question;  that  complainants  in- 
tended to  construct  other  tracks;  that  the)'  could  not 
properly  transact  their  business,  or  do  their  duty  to 
the  public  without  the  use  of  the  whole  of  said  prem- 
ises; that  any  interference  therewith  would  cause 
great  and  irreparable  injury  to  them  and  to  the  inter- 
ests of  the  public  committed  to  their  charge  as  car- 
riers; that,  if  defendant's  road  should  be  constructed 
and  operated  as  proposed,  the  business  would  be  al- 
most doubled;  that  such  increase  would  so  hinder 
and  embarrass  complainants   in   transferring   freight 


114 

and  running  trains  as  to  cause  an  injury  constantly- 
increasing  and  not  susceptible  of  compensation  by 
damages  in  a  case  at  law,  and  would  impair  and  in- 
fringe and  destroy  the  franchises  of  complainants, 
and  that  the  construction  and  operation  of  defend- 
ant's road  as  proposed  would  necessarily  be  a  nuisance 
of  a  serious  and  irreparable  nature  in  the  delay  of 
business  and  increased  danger  to  life;  the  bill  was 
answered,  and  after  hearing  had,  was  dismissed  for 
want  of  equity.  We  affirmed  the  decree  of  the  court 
below,  and  held  that  a  court  of  chancery  could  not 
relieve  against  the  injuries  complained  of.  The 
charges  made  in  the  present  bills  are  no  stronger  than 
those  made  in  the  C.  &  J  J'.  I.  R.  R.  Co.  case. 

It  is  claimed  that  paragraph  89  gives  to  the  City 
Council  the  option  of  extending  the  street  either 
above  the  railroad  tracks  by  means  of  a  viaduct,  or 
across  it  at  grade,  and  that  a  court  of  chancerv  will 
require  the  Council  to  adopt  the  former  rather  than 
the  latter  method  of  crossing,  because  less  inconven- 
ience will  thereby  be  caused  to  the  appellant  in  the 
operation  of  its  road.  It  is  admitted  by  counsel  for 
appellant  that  the  Legislature  intended  by  the  use  of 
the  word  "  across  "  to  provide  for  a  crossing  at  grade, 
but  it  is  insisted  that  the  word  "  over"  was  intended 
to  designate  a  crossing  above  the  right  of  way,  track 
or  land,  by  means  of  a  viaduct.  The  two  words 
"  over  "  and  "  across"  may  be  used  interchangeably 
and  as  having  the  same  meaning.  Webster  thus  de- 
fines  the  word  "across":  "from  side  to  side;  athwart; 
crosswise;  quite  over."  He  defines  the  word  "  over" 
as  follows:  "  above,  or  higher  than,  in  place  or  posi- 
tion, with  the  idea  of  covering;  across;   from  side  to 


115 

side  of;  upon  the  surface  of."  The  word  "over"  has 
been  held  to  denote  a  crossing"  upon  the  surface  in 
Newburyport  Turnpike  Corporation  v.  Eastern  Rail- 
road Company,  23  Pick.  326,  where  the  Supreme  Court 
of  Massachusetts  said:  "  words  '  over '  and  '  under,'  as 
applied  to  the  surface,  are  not  precisely  opposites. 
One  passes  over  a  road,  if  he  crosses  it  on  the  surface, 
as  well  as  when  he  crosses  above  it  on  a  bridge."  (B. 
&  JM.R.  R.  v.  Mayor,  etc.,  of  Lawrence,  2  Allen,  107.) 
But  the  word  "over  "  has  also  been  construed  to  de- 
note a  crossing"  at  a  higher  level  and  not  on  the  same 
level;  and  it  has  been  held  to  mean  "not  upon  but 
above,  so  the  railroad  should  pass  under  the  highway." 
(A\  R.  Co.  v.  Royalton,  58  Vt.  2S4;  B.  &  M.  R.  R.  Co. 
v.  Mayor,  etc.,  of  Lawrence,  supra')  While,  therefore, 
the  word  "  over,"  as  used  in  paragraph  S9,  may  be 
construed  as  contemplating  a  crossing  of  the  street 
at  the  same  level  or  grade  with  the  railroad  track,  we 
are  inclined  to  think  that  its  meaning  is  broad  enough 
to  also  confer  the  power  of  extending  the  street  above 
and  over  the  track  or  right  of  way,  by  means  of  a 
viaduct  or  bridge. 

But  the  word  "  across  "  was  evidently  intended  to 
designate  a  crossing  at  grade  or  on  the  same  level  as 
the  railroad  right  of  way.  Consequently,  the  City 
Council  is  vested  by  paragraph  89  with  the  power  to 
extend  the  streets  either  over  or  across  the  tracks, 
either  above  the  tracks  by  means  of  viaducts,  or  on 
the  same  grade  or  level  with  the  tracks.  The  Council 
is  thus  clothed  by  the  Legislature,  not  only  with  the 
power  of  acquiring  an  easement  by  condemnation 
or  otherwise  over  the  railroad  tracks  or  right  of  way, 
but  also  with  the  discretionary  power  of  deciding  as 


116 

to  the  mode  of  crossing,  whether  above  by  viaduct, 
or  at  grade  and  upon  the  same  level.  In  the  present 
cases  the  ordinances  do  not  provide  for  crossings  by 
means  of  viaducts,  but  for  crossings  at  grade.  The 
municipal  authorities  have  exercised  the  option  or 
discretionary  power  conferred  upon  them  by  the 
Legislature,  and  have  provided  for  crossings  in  one 
only  of  the  methods  indicated  in  the  statute,  and  have 
instituted  condemnation  proceedings  in  pursuance  of 
the  ordinances  so  passed  by  them.  Their  action  in 
this  regard  is  political  or  legislative  in  its  character, 
and  cannot  be  controlled  by  the  courts. 

Appellant  in  these  cases  is  asking  a  court  of  chan- 
cery to  substitute  its  judgment  for  the  judgment  of 
the  City  Council  upon  a  question  which  belongs 
exclusively  to  the  legislative  branch  of  the  govern- 
ment. They  are  asking  a  court  of  chancery  to  require 
the  City  Council  to  repeal  its  ordinances  for  grade 
crossings  and,  in  the  place  thereof,  to  adopt  ordi- 
nances for  viaduct  crossings.  Such  relief  as  this  can- 
not be  granted  under  the  facts  disclosed  in  these 
records.  While  it  may  be  true  that  inconveniences 
and  interruptions,  both  to  appellant  and  to  the  public, 
may  result  from  street  crossings  made  necessary  by 
the  unparalleled  growth  of  the  population  in  the  City 
of  Chicago,  yet  the  proof  does  not  disclose  that  the 
ordinances  in  these  cases  are  unreasonable  in  their 
terms  or  in  the  methods  provided  therein  for  the  exten- 
sion of  the  streets. 

In  Curry  v.  Mount  Sterling,  15  111.  320,  we  said: 
"  This  power  of  the  corporation  to  extend  and  open 
streets  applies  to  all  lands  within  its  boundaries, 
whether  the  same  be  laid  out  into  town  lots  or  not. 


117 

The  extension  of  the  street  in  question  was  a  matter 
of  discretion  on  the  part  of  the  board  of  trustees  (of 
the  town).  The  courts  cannot  review  the  exercise  of 
that  discretion." 

In  C.  R.  I.  &  P.  R.  R.  Co.  v.  Town  of  Lake,  71  111. 
333,  we  said:  "  The  taking  and  appropriating  property 
for  a  public  street  or  highway  by  a  municipality  is  a 
public  use  in  its  nature,  and  cannot  be  questioned  or 
denied.  *     *     When  the  use  is  public  the  judi- 

ciary cannot  inquire  into  the  necessity  or  propriety  of 
exercising  the  right  of  eminent  domain.  That  right  is 
political  in  its  nature  and  not  judicial.  It  belongs  ex- 
clusively to  the  legislative  branch  of  the  government, 
and  under  our  constitution  the  judiciary  have  nothing 
to  do  with  it." 

The  Curry  case  and  the  Town  of  Lake  case  were 
reindorsed  and  approved  in  Dunham  v.  Hyde  Park, 

75  HI.  37*- 

In  BrusJi  v.  City  of  Carbondale,  78  111.  74,  it  was 
said  :  "  If  the  city  is  incorporated,  then  the  Council 
probably  have  power  to  open,  grade  and  repair  the 
streets,  and  may,  for  aught  we  know,  have  ample  dis- 
cretionary power  to  do  so,  as  to  time,  manner  and 
cost,  and  if  acting  under  the  general  incorporation 
law;  """  "  *  the  power  is  general,  and  confers  a 
large  discretion  in  its  exercise,  and  that  power  will 
not  be  controlled  by  the  courts  unless  there  is  abuse 
operating  oppressively  upon  individuals.  *  *  * 
Where  persons  or  officers  are  acting  within  well  rec- 
ognized powers,  or  exercising  a  discretionary  power, 
a  court  of  equity  will  be  wholly  unwarranted  in  inter- 
fering, unless  the  power  of  discretion  was  being  man- 
ifestly abused  to  the  oppression  of  the  citizen." 


118 


In  Sheridan  v.  Colvin,  78  111.  237,  we  said  :  "The 
second  question  is,  what  is  the  nature  of  the  power 
sought  to  be  exercised  in  passing  the  ordinance  under 
consideration  ?  To  that  question  there  can  be  but  one 
answer,  and  we  shall  not  stop  to  discuss  it.  The  power 
is  legislative  and  discretionary.  The  third  and  last 
question  is,  had  the  court  of  chancery  jurisdiction  to 
interfere  with  the  exercise  of  that  power  ?  We  are 
clearly  of  the  opinion  that  it  had  not.  The  subject  is 
purely  political." 

In  L.  S.  &  M.  S.  Ry.  Co.  v.  C.  &  IV.  I.  R.  R.  Co. 
supra,  we  said  :  "  The  question  whether  it  is  wise  to 
permit  such  railway  company  to  select  its  own  route 
and  choose  the  point  and  manner  of  crossing  other 
railroads,  was  also  a  political  question  for  the  General 
Assembly  to  determine,  and  that  determination  can- 
not be  reviewed  by  the  courts." 

To  the  same  effect  are  the  text-books  and  the 
decisions  in  other  States.  Dillon  in  his  work  on 
Municipal    Corporations    (4th    ed.    vol.    1,    sec.    95) 

says: 

"Where,  by  its  charter,  a  Municipal  Corporation 
is  empowered,  if  it  deems  the  public  welfare  or  con- 
venience requires  it,  to  open  streets  or  make  public 
improvements  thereon,  its  determination,  whether 
wise  or  unwise,  cannot  be  judicially  revised  or  cor- 
rected." In  Lewis  on  Eminent  Domain  it  is  said 
(sec.  239):  "Whether  the  power  of  Eminent  Domain 
shall  be  put  in  motion  for  any  particular  purpose  and 
whether  the  exigencies  of  the  occasion  and  the  public 
welfare  require  or  justify  its  exercise,  are  questions 
which  rest  entirely  with  the  Legislature.  When  the 
use  is  public  the  necessity  or  expediency  of  appropri- 


119 

ating  any  particular  property  is  not  a  subject  of  judi- 
cial cognizance." 

{Boom  Co.  v.  Patterson,  98  U.  S.  403;  C.  &  E.  I. 
R.  B.  Co.  v.  Wiltse,  1 16  111.  449;  People  v.  N.  V.  C.  & 
H.  Riv.  R.  R.  Co.,  74  N.  Y.  302;  M.  &  St.  P.  By.  Co. 
v.  City  of  Faribault,  23  Minn.  167;  Nat.  Docks  R.  R. 
Co.  v.  Central  R.  R.  Co.,  32  N.  J.  Eq.  755;  Nat.  Docks 
&  N.  J.  J.  C  By.  Co.  v.  State,  21  Atl.  Rep.  570; 
Struthcrs  v.  Dunkirk,  etc.,  By.  Co.,  87  Penn  St.  282; 
Central  Ry.  Co.  of  Rr.  f .  v.  State,  32  N.  J.  Eq.  220;  2 
Wood's  R'lw'y  Law,  page  981;  Elliott  on  Roads  and 
Streets,  page  598;  I.  C  R.  R.  Co.  v.  Bently,  64  111. 
438;  People  v.  C  &  A.  R.  R.  Co.,  67  111.  118;  L.  M.  & 
C  &  X.  R.  R.  Co.'sv.  City  of  Dayton,  23  Ohio  St.  510; 
Johnston  v.  Prov.  and  Springfield  R.  R.,  10  R.  I.  365; 
People  ex  ret.  v.  B.  &  A.  R.  R.  Co.,  70  N.  Y.  569.) 

We  concur  in  the  following  views  expressed  by 
the  Supreme  Court  of  the  State  of  Ohio  in  L.  ill.  & 
C  &  X.  R.  R.  Cols  v.  City  of  Dayton,  supra: 

"The  mere  fact  that  the  extension  of  the  street  as 
proposed,  will  inconvenience  the  plaintiffs  or  subject 
them  to  additional  expense  in  transacting  their  busi- 
ness and  operating  their  road,  constitutes  no  ground 
for  the  interference  of  a  court  of  equity.  The  same 
results  to  a  greater  or  less  extent  are  produced  wher- 
ever a  railroad  is  crossed  by  a  public  street  or  high- 
way. These  are  matters  which  it  is  clearly  the  duty 
of  the  City  Council  to  take  into  consideration  in  de- 
termining the  necessity  and  expediency  of  the  pro- 
posed improvement,  but  so  long  as  their  proceedings 
are  regular  and  they  act  from  proper  motives  and 
within  the  limits  of  their  authority,  the  discretion 
confided  to  them  in  respect  to  the  location   and   es- 


i 


120 

tablishment  of   streets  is  not  subject  to  judicial   re- 
vision." 

We  have  recently  held,  in  Drexel  v.  Town  of 
Lake,  127  111.  54,  that  it  was  a  question  to  be  deter- 
mined by  the  trustees  of  a  town  which  one  of  two 
modes  of  carrying  off  the  sewage  of  a  district  should 
be  adopted  as  the  best  and  most  expedient  mode,  and 
we  there  said:  "The  choice  of  expedients  is  within 
the  legislative  discretion  of  the  trustees  of  the  town, 
a  discretion  with  which  the  courts  will  not  interfere 
unless  clearly  abused." 

Paragraph  89  was  adopted  by  the  Legislature  in 
1872.  Afterward,  in  1874,  the  Legislature  passed  an 
act  requiring  the  railroad  companies  in  this  State  to 
construct  and  maintain  railroad  crossings  of  highways 
and  streets.  {Chicago  &  Ar.  W.  Ry.  Co.  v.  City  of 
Chicago,  snpra?)  Considering  paragraph  89  without 
reference  to  the  subsequent  Act  of  1S74,  we  cannot 
see  that  the  application  of  the  second  clause  of  the 
paragraph  to  the  facts  of  this  case  furnishes  any  justi- 
fication for  a  resort  to  a  court  of  equity.  Such  second 
clause  provides  that,  "  where  no  compensation  is 
made  to  said  railroad  company,  the  city  shall  restore 
such  railroad  track,  right  of  way  or  land  to  its  former 
state,  or  in  a  sufficient  manner  not  to  have  impaired  its 
usefulness."  Without  deciding  the  question  wheth- 
er any  obligation  does  or  does  not  rest  upon  the  city 
under  the  present  proceedings,  to  restore  the  crossing 
in  a  sufficient  manner  not  to  impair  the  usefulness  of 
the  tracks,  such  obligation,  if  it  existed,  would  not  be 
violated  because  the  city  chooses  to  extend  the  streets 
at  grade,  rather  than  by  means  of  a  viaduct.  The 
language  of  the  second  clause  is  not  to  be  taken  liter- 


121 

ally.  It  is  well  understood  that  the  track  or  right  of 
way  cannot,  in  the  nature  of  things,  be  restored  to 
the  same  state  of  usefulness  with  the  street  thereon, 
as  before.  It  is  to  be  restored  so  as  not  to  impair  its 
usefulness  more  than  is  necessary,  in  view  of  its  use 
for  the  purposes  of  a  street,  subject  to  the  use  by  the 
railroad  company;  it  is  not  to  be  rendered  less  useful, 
except  in  so  far  as  diminished  safety  and  convenience 
are  inseparable  from  its  use  by  the  public  as  a  street 
crossing.  It  is  not  expected  that  the  crossing  can  be 
so  restored  as  to  obviate  all  danger  or  delay  or  incon- 
venience. It  is  only  necessary  that  there  should  be 
no  unreasonable  impairment  of  the  usefulness  of  the 
railroad  right  of  way.  To  this  effect  is  the  weight  of 
authority.  2  Wood's  Railway  Law,  sec.  271,  page 
975,  note  2,  and  cases;  Com.  v.  Erie,  etc.,  R.  R.  Co., 
27  Penn  St.  339;  People  ex  rel.  v.  D.  &  C  R.  R.  Co., 
58  N.  Y.  152;  Johnston  v.  Providence  &  Springfield 
R.  R.  Co.,  10  R.  I.  365;  C,  R.  I.  &  P.  R.  R.  Co.  v. 
Mojjitt,  75  111.  524;  City  of  Bridgeport  v.  N.  Y.  &  N. 
H.  R.  R.  Co.,  36  Conn.  255. 

2  Wood's  Railway  Law,  sec.  271,  page  981  note  1; 
People  v.  Boston  &  Albany  R.  R.  Co.,  70  N.  Y.  569; 
State  v.  St.  P.,  Minneapolis  &  Manitoba  Ry.  Co.,  35 
Minn.  181. 

So  far  as  the  extension  of  the  streets  across  Eighty- 
second  and  Ninetieth  streets  is  concerned  the  language 
of  paragraph  89  is  broad  enough  to  authorize  the  ex- 
tension across  the  railroad  "  yard,"  as  well  as  across 
the  tracks  or  right  of  way.  The  proof  shows  not  only 
that  Eighty-second  street  is  one  mile  from  Ninetieth 
street,  but  that  what  is  called  a  "yard"  is  nothing 
more  than  a  collection  of  tracks;  and  hence  the  open- 


ing  of  the  streets  across  the  land  embraced  in  the 
yard  is  authorized  by  paragraph  89  under  the  rule 
laid  down  in  Pres't,  etc.,  D.  &  H.  C.  Co.  v.  Vil. 
Whitehall,  90  N.  Y.  21. 

The  decree  of  the  Circuit  Court  dissolving  the 
injunction  and  dismissing  the  bills  is  affirmed. 

Affirmed. 


The  Chicago  Railroad  Terminal  Problem, 

from  the  Standpoint  of  the  People 

and  the  Public  Press. 

[From  the  Chicago  Herald,  July  26,  1892.] 

GIVE  US  THIS  DAY  A  HUMAN  LIFE. 

If  the  people  of  Chicago  were  informed  that  every 
day  an  assassin  would  steal  into  a  home,  and  plunge 
a  knife  into  the  heart  of  a  citizen  of  this  city  they 
would  take  instant  measures  to  stop  the  horror.     If 
the  assassin  were  so  furtive  as  to  not  easily  be  caught 
they  would  employ  all  the  detective  agencies  in  the 
state  to  catch  him.     If  he  were  a  vampire  skulking  in 
the  wood  until  night  afforded  his  desired  opportunity, 
they  would  employ  hounds  to  run  him  from  cover. 
If  he  were  a  snake  that  lurked  in  secret  den  or  slimily 
escaped   to  rock   or  marsh  after    his   daily   deed   of 
blood,  they  would  blast  the  rock  and  uproot  earth  to 
destroy  him.     If  a  daily  life  were  known  to  be  order- 
ed taken  in  Chicago  by  anything  in  human  form,  by 
anything  in  animal  form,  by  anything  having  life  it- 
self to  be  taken,  an  end  of  that  life  would  end  the 
daily  sacrifice.     Yet  a  life  a  day  is  taken  in  Chicago, 
and  will  be  taken  this  year,  next  year,  and  the  year 
thereafter,  indefinitely,  unless  the  people  of  Chicago 
put  an  end  to  the  business. 


124 

Whose  life  is  to  be  the  next  sacrifice  ?  The  grade- 
crossing  slaughterers  carry  on  a  lottery  with  the  in- 
habitants of  Chicago.  The  Herald  printed  Sunday 
the  list  of  last  year's  victims  ;  a  life  a  day  for  nearly 
every  day  in  the  year.  No  one  of  the  dead  was  warn- 
ed in  advance  that  the  next  turn  of  slaughter  was  to 
be  his  or  hers.  Had  such  warning  been  given,  the 
intended  victim  might  at  least  have  made  his  will  had 
he  property  to  preserve  for  helpless  heirs.  His  chil- 
dren would  have  pleaded,  could  they  have  known  the 
lot  had  fallen  to  their  father,  that  he  should  not  go 
that  day  to  his  bread-earning  work.  The  mother 
would  have  endeavored  to  keep  her  son  off  the  streets 
could  she  have  forecast  his  doom.  The  grade-cross- 
ing assassins  do  not  run  their  death  lottery  on  fraud- 
ulent principles.  The  management  of  the  Louisiana 
lottery  were  often  charged  with  manipulating  the 
wheel  so  that  they  could  keep  big  prizes  within  their 
own  circle,  using  dummy  names  on  winning  tickets. 
Not  so  the  Chicago  grade-crossing  death  lottery 
managers.  They  are  square.  They  do  not  select 
their  victims  on  any  but  true  lottery  principles. 

The  victims  are  chosen  without  discrimination 
against  locality,  sex,  occupation,  creed,  race,  politics, 
poverty,  wealth,  youth,  old  age.  It  is  enough  that 
the  slaughterers  get  a  victim  a  day.  It  satisfies  them 
that  a  human  being  is  daily  taken  from  the  popula- 
tion of  Chicago  by  leave  of  the  people  of  Chicago, 
who  make  them  a  gift  of  grade  crossings.  It  is  all 
the  same  to  these  life-takers  whether  the  victim  be 
obscure  or  eminent.  They  are  indifferent  whether 
they  slay  married  or  single.  It  is  naught  to  them 
that  they  make  orphans  of  half  a  dozen  children  to- 


125 

day  or  slay  only  a  child.     Give  us  this  day  our  daily 
victim,  is  their  complete  prayer. 

Nor  need  they  cease  to  pray  this  prayer  so  long  as 
the  people  of  Chicago  comply  with  it.  A  life  a  day 
is  a  voluntary  tribute  by  the  people  of  Chicago  to 
the  grade-crossing"  slaughterers.  The  streets  are  the 
people's.  The  crossings  are  the  people's.  Not  a  ves- 
tige of  right  has  any  corporation  on  the  streets  or  on 
the  crossings,  except  the  right  that  has  been  given  to 
them  by  the  people.  They  exist  by  consent  of  the 
people.  They  run  their  slaughter  machines  on  the 
thoroughfares  by  the  will  of  the  people.  They  are 
licensed  slaughterers.  They  have  as  much  legal  right 
to  slay  a  citizen  a  day  as  any  concern  in  the  stock- 
yards a  steer  a  day.  They  perform  their  daily  slaugh- 
tering with  as  much  regularity  and  as  much  zeal  as 
the  stockyard  butchers  their  daily  task.  The  differ- 
ence is,  that  at  the  stockyards  slaughtering  is  done  of 
inferior  animals  that  superior  ones  may  be  fed,  while 
at  the  grade  crossings  slaughtering  is  done  only  that 
rich  corporations  may  grow  richer  out  of  the  sacrifice 
of  human  beings. 

How  much  longer  will  the  people  of  Chicago  con- 
sent to  extend  the  slaughtering  privileges  of  the 
grade-crossing  corporations  ?  Give  us  this  day  our 
daily  victim  contents  these  slayers  of  human  beings 
now.  They  may  grow  impatient  with  that  limit 
They  may  prefer  to  increase  their  speed  w-ithin  the 
city.  They  may  resolve  to  dispense  with  a  few  more 
of  their  old  and  incompetent  gate-watchers  and  flag- 
men, and  cease  to  make  any  pretense  of  warning  cit- 
izens that  their  slaughtering  machines  are  approach- 
ing the  crossing.     They  may  prefer  whole  street-car 


126 

loads  of  victims,  as  on  several  occasions  they  have 
come  frightfully  near  doing  within  the  past  year. 
There  is  nothing  to  prevent  their  doubling  or  trebling 
their  daily  quota.  Public  indifference,  official  cor- 
ruption, will  tolerate  two  lives  a  day  lost  at  grade 
crossings,  or  three  a  day  or  ten  a  day  as  they  tolerate 
one  a  day  now. 

If  a  company  were  formed  under  the  laws  of  Illi- 
nois to  traverse  the  streets  with  a  guillotine  every 
day,  and  by  lot  sacrifice  a  citizen  to  its  knife  and  bas- 
ket, there  might  be  a  riot.  The  guillotiners  would  be 
guillotined.  But  we  suffer  the  grade-crossers  to  guil- 
lotine a  life  a  day,  and  we  do  nothing  about  it.  If  ap- 
plication were  made  and  granted  for  license  for  a 
guillotine  company,  opinion  would  be  warranted  that 
the  licensing  authorities  of  Chicago  were  all  madmen. 
Yet  the  grade-crossing  slaughterers  enjoy  like  privi- 
lege, and  the  community  flatters  itself  that  it  is  quite 
sane. 

\JFrom  the  Chicago  Herald,  July  27,  1892.] 

TWO    VICTIMS    MORE. 

It  is  quite  true  that  life  is  lost  on  railroads  that  do 
not  use  grade  crossings.  Life  is  lost  every  day  in  one 
way  or  another.  Loss  of  life  on  land  by  rail  is  greater 
than  loss  of  life  by  water  or  casualties  resulting  from 
navigation.  Life  is  lost  on  elevated  roads.  Life  is 
lost  on  depressed  tracks.  Life  will  continue  to  be 
lost  on  railroads  in  Chicago  even  after  every  railroad 
in  the  city  shall  have  elevated  its  city  terminals.  All 
this,  which  is  beyond  dispute,  is  another  reason  why 


one  daily  cause  of  slaughter  by  railroads  shall  cease. 
If  life  shall  occasionally  be  taken  after  elevated 
tracks  are  provided,  there  is  so  much  the  stronger 
argument  for  stopping  the  life-taking  that  can  be 
stopped  by  elevated  terminals.  Monday  two  lives  were 
taken  at  grade  crossings  in  Chicago. 

One  was  at  the  grade  crossing  of  One  Hundred 
and  Thirteenth  street.  The  man's  body  is  at  the 
morgue.  Who  is  ,he  ?  What  family  has  lost  its  bread- 
winner  ?  What  wife  is  widowed  ?  How  many  chil- 
dren are  orphans  ?  How  much  more  sorrow  is  cast 
into  the  lines  of  a  number  of  human  beings  who  were 
dependent  on  this  human  being  ? 

At  Twenty-ninth  street  grade  crossing  a  man  was 
killed.  His  dead  body  was  taken  to  his  home  within 
the  city.  It  makes  no  difference  who  he  is,  whether 
rich  or  poor,  married  or  single,  the  cruel  and  shocking 
manner  of  his  death  should  create  as  much  horror, 
were  he  the  lowliest  of  human  beings,  as  if  he  lived  on 
one  of  the  finest  avenues  and  had  been  snatched  by 
the  grade-crossing  slaughter  machine  from  a  luxurious 
equipage.  Perhaps  he  owned  no  equipage.  Proba- 
bly he  was  unable  to  hire  one.  The  part  of  the  city 
given  as  the  region  in  which  his  home  was  contains 
no  fine  palaces.  No  blooded  stock  occupies  its  barns. 
He  was  as  valuable  in  life  to  his  family,  nevertheless, 
as  the  millionaire  to  his.  In  one  sense  he  was  more 
valuable.  The  millionaire's  familvmay  suffer  human 
grief  over  the  sudden  taking  off  of  a  father  dear  to  his 
household.  But  his  children  would  not  be  deprived 
in  consequence  of  his  death  of  opportunity  of  school- 
ing. They  would  secure  a  fair  start  in  life.  They 
would  not  be  crowded  down  and  out.     Compulsory 


128 

ignorance  would  not  be  their  necessary  portion.  It 
is  the  crowning-  cruelty  of  public  slaughter  of  the 
poor  that  the  deed  carries  with  it  an  entail  of 
cruelty  passing  from  one  member  to  another  of  the 
unfortunate  family.  Public  slaughter  is  the  right 
word.  Every  grade-crossing  death  is  a  public  death 
wrought   by  authority    of    the    people    of    Chicago. 

They  have  ample  power  in  law  to  compel  the  railroad 
corporations  to  lift  their  tracks  and  locomotives  off  the 
streets  that  belong  of  right  to  pedestrians  and  vehicles 
necessary  for  the  transaction  of  business  and  the  car- 
riage of  the  people  safely  and  securely.  Every  death  at 
a  surface  crossing  by  a  railroad  is  an  assassination  by 
the  City  of  Chicago. 

There  are  railroad  deaths  for  which  neither  city 
nor  the  railroads  are  to  blame.  Monday  a  young 
man  lost  his  life  by  attempting  to  alight  from  a  run- 
ning train.  The  railroad  is  not  at  fault  for  his  death. 
Neither  are  the  people  of  Chicago.  A  man  was  run 
over  on  the  tracks  of  another  railroad  and  mangled 
to  death.  It  seems  to  have  been  his  own  fault.  The 
road  is  not  responsible  for  his  death.  Still  another 
man  was  killed  on  tracks  but  not  at  a  grade  crossing. 
■  Five  lives  altogether  were  lost  Monday  on  railroad 
tracks.  The  Herald  is  not  charging  on  the  railroads 
or  on  the  people  responsibility  for  any  but  those  due 
to  grade  crossings  and  the  impossibility  of  guarding 
the  crossings  so  as  to  prevent  slaughter  at  them. 
Last  year  the  average  of  such  deaths  was  about  one  a  day. 

This  year  it  is  probable  that  the  average  will  be  higher. 
There  is  no  remedy  for  this  daily  slaughter  but  ele- 
vation of  tracks  within    the  city.      The  people    have   the 
power  to   compel  the  railroads  to  elevate  their  tracks 


129 

within  the  limits.  It  is  will  they  lack.  The  corpora- 
tions will  not  take  a  step  toward  it  until  the  people 
compel  them.  Meanwhile  the  daily  sacrifice  of  hu- 
man life  will  go  on;  and  no  home  can  foretell  whose 
turn  will  be  next  to  be  desolated. 


[From  the  Chicago  Evening  Post,  July  29,  1892.] 

WHO  WAS  THE  MURDERER? 

It  is  a  clearly  established  fact  that  Mrs.  D.  Pick- 
ette,  whose  horrible  death  on  the  track  of  the  Chi- 
cago, Milwaukee  &  St.  Paul  Railroad,  near  Indiana 
street,  was  told  in  the  Evening  Post  of  yesterday,  is 
a  victim  of  murder.  The  only  question  is,  Who  is 
the  murderer  ? 

Upon  this  question  pertinent  evidence  is  furnished 
by  the  switchtender,  Goshorn,  who  was  interviewed 
by  a  reporter  of  the  Evening  Post  soon  after  the  fa- 
tality occurred  and  before  he  had  time  to  be  warned 
into  silence  by  the  attorneys  of  the  St.  Paul  road.  In 
these  circumstances  Switchtender  Goshorn  said  : 

"  A  train  had  to  be  taken  to  a  sidetrack.  I  threw 
the  switch  to  take  that  train  over,  and  went  with  it 
about  a  block.  I  left  the  switch  here  open,  not  think- 
ing that  train  No.  4  would  move  out  till  I  got  back." 

"  Why  did  you  go  with  the  train  ? " 

"  I  had  to.     I  have  to  attend  to  seven  switches." 

"  How  far  apart  are  the  most  widely  separated  of 
these  switches  ?  " 

"  About  a  block  or  more." 

"  Is  it  customary  to  leave  main-track  switches  open 


130 

while  the  switchtender  goes  a  block  or  two  away, 
leaving  his  switch  unattended  ?  " 

11  It  is  done  here  every  day." 

"  Was  it  not  your  duty  to  have  closed  that  switch 
immediately  ?  " 

Mr.  Goshorn  did  not  answer  this  question. 

Seven  switches,  separated  by  the  distance  of  a  block, 
on  a  road  over  which  an  unremitting  stream  of  pas- 
sengers thunders  day  and  night !  Was  it  possible  for 
one  man  to  do  the  work  ?  If  he  tried  and  failed  was 
it  his  fault  that  human  life  was  lost  ?  Or  was  it  the 
fault  of  a  parsimonious  management  that  cares  more 
for  the  paltry  wages  of  an  underpaid  employe  or  two 
than  for  human  life  and  limb  ? 

We  commend  the  question  to  the  coroner's  jury, 
with  perfect  confidence  that — the  guilty  persons  will 
be  whitewashed  as  a  thousand  others  have  been. 

The  crossing  slaughter  goes  bravely  on! 


\Frotn  the  Sunday  Herald,  July  31,  1892.] 

WRITTEN    WITH     BLOOD. 

RAILROAD  SLAUGHTER  IN  CHICAGO,  LIVES  SACRIFICED  BY 
THE  MAINTENANCE  OF  GRADE  CROSSINGS INDIFFER- 
ENCE OF  THE  CORPORATIONS  TO  THE  PUBLIC  SAFETY 
HOW    LONG    WILL    IT    LAST  ? 

There  were  only  nineteen  persons  killed  in  Chi- 
cago during  the  past  ten  days  by  the  cars  of  the  sev- 
eral railroads  centering  here.  None  of  them  were 
men    of     note    in    this    community;     most    of    them 


131 

were  laborers,  earning  a  scant  subsistence  by  daily 
toil,  and  few  of  them  will  be  missed  except  in  the 
circumscribed  area  in  which  they  erst  lived,  moved 
and  had  their  being;.  A  few  of  them  had  families 
dependent  upon  them  for  support,  and  these  families 
will  no  doubt  suffer  for  want  of  even  the  little  which 
they  received  of  their  earnings.  They  will  mourn 
their  loss;  perhaps  they  will  anathematize  the  iron 
Juggernaut  beneath  whose  wheels  their  mainstay  of 
support  was  crushed  to  a  shapeless,  sanguinary  mass, 
but  their  sufferings  and  agony  will  go  unheeded,  for 
the  stockholders  in  the  railway  corporations  are  con- 
stantly clamoring  for  larger  dividends;  the  apathetic 
aldermen  are  waiting  for  more  boodle,  and  the  grade 
crossings  remain,  guarded  by  decrepit  laymen  or 
protected  by  gates  over  which  sleepy  watchmen  pre- 
side when  danger  is  remote  but  are  always  missing 
when  a  wild  engine  comes  snorting  and  panting 
along"  the  rails,  crushing  and  mangling;  and  killing; 
whoever  may  chance  to  step  upon  the  track.  There 
may  be  a  momentary  commotion — the  gathering  of 
a  curious  crowd  of  passers-by;  the  rumbling  of  a 
patrol  wagon  or  ambulance;  the  verdict  of  a  coroner's 
jury  of  no  one  to  blame;  a  few  lines  in  the  daily 
newspapers,  and  the  incident  is  forgotten.  Death  is 
a  monster  of  most  frightful  mien,  but  he  is  seen  so 
often  on  the  streets  of  Chicago  in  the  vicinity  of  the 
railroad  grade  crossings  that  he  is  but  little  regarded, 
and  even  frail  women  and  young  children  become 
familiar  with  his  aspect  and  pass  along  without  a 
shudder.  Constant  familiarity  with  death  in  its  most 
frightful  form  has  bred  contempt,  and  it  does  not 
appall. 


132 


ASKING  MUCH  J     GRANTING  LITTLE. 

Seven  men  were  slain  by  one  railroad  within  the 
past  ten  days — the  Illinois  Central,  a  corporation  that 
has  received  much  from  the  City  of  Chicago,  and  has 
rendered  little  in  return.  Its  stock  is  so  valuable  as 
an  investment  that  it  is  not  for  sale  on  the  exchanges. 
The  more  guilty  of  the  other  corporations  are  the 
wealthiest — those  that  enjoy  the  greatest  privileges, 
and  are  the  most  persistent  applicants  for  favors  at 
the  hands  of  state  legislatures  and  municipal  coun- 
cils. Scarce  a  week  passes  in  the  course  of  which 
they  do  not  petition  the  Common  Council  for  the  va- 
cation of  certain  public  streets  or  alleys  for  their  bene- 
fit ;  that  they  do  not  ask  the  condemnation  of  private 
property  for  depot,  track,  or  yard  uses  ;  that  they  do 
not  claim  exemption  from  some  of  the  burdens  of 
taxation  imposed  for  the  general  good,  and  their  own 
benefit  particularly.  When  viaducts  across  their 
tracks  are  proposed  they  fight  the  plans  inch  by  inch, 
refuse  to  bear  their  share  of  the  expense  when  they 
are  finally  ordered,  and  pay  their  taxes — but  a  frac- 
tion of  their  equitable  share — only  after  every  means 
of  delay  known  to  shrewd  lawyers  has  been  exhaust- 
ed. Their  crossings  and  switches  are  guarded  by  de- 
crepit old  men  who  are  hired  for  a  song  ;  their  gates 
are  seldom  in  working  order  ;  the  gongs,  which  the 
law  requires  them  to  keep  at  crossings,  are  seldom 
sounded,  and  if  struck  are  found  to  be  cracked  and 
practically  useless  ;  their  danger  lights  at  night  burn 
but  fitfully  if  at  all,  and  their  engines  and  trains  rush 
madly  onward  through  the  streets  utterly  regardless 


133 

of  the  law  regulating  railway  speed  within  corporate 
limits. 

But  it  is  said  that  there  is  never  a  great  loss  with- 
out some  small  gain.  This  is  true  of  the  railway 
slaughter,  as  well  as  of  other  things.  The  grade 
crossings  are  a  source  of  great  profit  to  the  coroner 
and  his  assistants.  Without  grade  crossings  the  office 
of  coroner  would  not  be  worth  the  seeking.  Inquests 
upon  the  remains  of  victims  of  crossing  accidents 
help  the  coroner  to  make  both  ends  meet,  and  give  a 
pittance  for  beer  money  to  each  of  the  six  jurors  he 
summons.  To  be  sure,  the  people  have  to  pay  the 
bills,  but  the  railroads  care  nothing  for  that.  They 
save  the  cost  of  elevating  or  depressing  their  tracks, 
and  that  is  an  item  worth  their  consideration.  In  per- 
haps one  case  in  a  hundred  they  may  be  compelled 
to  pay  damages  to  relatives  of  slaughtered  men,  but 
the  amount  will  be  insignificant  compared  with  the 
cost  of  viaducts  or  subways  or  elevated  terminals. 

The  people  of  Chicago  are  praying  for  relief  from 
the  grade-crossing  menace  to  life  and  property.  Will 
they  ever  receive  it  ?  They  are  asking  public  officials 
to  enforce  existing  laws  relative  to  guards  at  railway 
street  crossings.  Will  the  city  authorities  comply 
with  the  demands  ?  They  are  asking  if  they  have 
any  right  which  railway  corporations  are  bound  to 
respect.  Have  they  ?  They  are  asking  the  Legislature 
and  the  City  Council  for  the  passage  of  laws  which 
will  make  life  on  the  public  thoroughfares  reasonably 
safe.  Will  such  laws  ever  be  passed  ?  They  are  de- 
manding that  the  railroads  render  some  equivalent 
for  the  privileges  they  are  enjoying.  Will  their  wishes 
be  gratified  ? 


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140 


[From  the  Chicago  Herald,  Aug.  2,  1892.] 

THE  SURFACE  GRADE  HALF-YEAR. 

The  Herald  printed  Sunday  the  names  of  the  vic- 
tims of  surface-grade  railroads  for  the  half-year  end- 
ing July  28th.  In  each  the  date  of  the  death  was  given, 
the  address  of  the  victim,  if  known,  and  the  name  of 
the  railroad  doing  the  deed.  In  every  instance  the 
death  was  not  due  to  the  crossings.  In  a  few  cases 
the  victims  were  themselves  largely  to  blame.  But  in 
all  cases  had  the  road  been  elevated  the  casualty  could 
not  have  occurred.  Deaths  on  elevated  tracks  from 
the  causes  that  heap  up  their  numbers  on  surface 
tracks  are  practically  unknown.  Accidents  occur 
wherever  machinery  and  power  are  employed.  Ele- 
vated roads  are  not  assured  of  absolute  immunity 
from  deaths  and  maimings.  But  the  proportion  is 
less  by  far;  and  the  causes  that  make  surface  rail- 
roads daily  slaughterers  of  human  beings  are  un- 
known on  elevated  roads  properly  built  and  equipped. 

The  number  of  persons  killed  by  surface-grade 
railroads  in  Chicago  since  January  1st  is  166.  Of  these 
seven  were  never  identified.  When  the  stale  joker  of 
the  stage  tells  a  rural  audience  that  it  is  easy  to  go  to 
a  big  city,  be  killed  and  never  heard  of  afterward, 
the  seeming  jest  calls  forth  roars  of  laughter.  In  six 
months,  as  facts  show,  seven  men  have  been  killed 
in  Chicago  whose  identity  remains  unestablished. 

For  these  seven  no  claim  has  ever  been  made  to 
the  corporations  that  took  them  out  of  the  world. 
leaving  unprovided  for,  in  all  probability,  a  number 


141 

of  human  beings  for  whom  their  lives  were  useful 
and  necessary.  Four  of  the  seven  were  killed  on 
grade  crossings,  probably  strangers  who  did  not  ex- 
pect to  find  steam  locomotives  flying  at  grade  through 
a  great  city.  Two  were  killed,  as  alleged,  while 
walking  on  the  tracks.  But  the  tracks  were  within 
the  city  limits,  and  the  ignorant  men  did  not  know 
any  other  way  of  getting  to  the  place  they  wished  to 
reach.  Had  the  tracks  been  elevated  these  six  lives 
need  not  have  been  lost.  The  seventh,  entered  at  the 
coroner's  office  as  "an  unknown  man,"  is  described 
as  "  railroad  employe."  He  was  employed,  it  appears, 
on  the  road  that  killed  him.  Did  not  the  head  of  the 
gang  or  the  crew,  on  the  section  in  which  he  was  em- 
ployed, know  his  name  ?  Was  he  employed  without  a 
name  ?     Scarcely. 

Of  the  remainder,  less  than  twenty  were  women  ; 
The  great  majority  were  able-bodied  and  industrious 
men,  engaged,  as  a  rule,  in  occupations  affording  sup- 
port to  families.  In  every  case,  so  far  as  known,  a 
family  was  left  without  its  sole  breadwinner.  No  mat- 
ter how  many  children;  no  matter  how  deep  the  pov- 
erty or  how  ill  the  health  of  the  widowed  mother,  in 
none  of  these  cases  was  the  slaughtering  corporation, 
no  matter  how  clear  its  exclusive  guilt,  liable  for  more 
than  $5,000.  How  far  would  that  sum  go  in  taking 
the  place  of  a  father  able  and  eager  to  provide  for  the 
education  of  his  family  and  their  maintenance  in  de- 
cency and  comfort  ?  But  when  was  there  a  case  in 
which  the  guilty  corporation  voluntarily  paid  the  lim- 
it allowed  by  law  to  the  victims  of  its  slaughtering 
wheels  ? 

Every  claim  is  rigidly  fought.     The  miserable  or- 


142 

phans  in  many  instances  never  even  attempt  to  com- 
pel the  corporation  to  pay  a  cent.  Process  lies 
through  the  courts.  Lawing  costs  money.  Hapless 
little  children  are  often  so  desperately  situated  with 
poor  relatives  that  they  cannot  get  one  of  them  to 
begin  action.  Costs  must  be  paid  to  clerks  and  re- 
tainers to  lawyers  before  claims  can  be  filed.  Thus, 
the  authors  of  life-taking  at  a  ratio  of  a  human  being 
a  day  every  day  in  the  year,  often  escape  even  the  an- 
noyance of  being  requested  to  fight  over  the  payment 
of  damages. 

The  people  of  Chicago  have  no  reason  to  complain 
of  this.  They  are  responsible  for  it.  They  license 
slaughtering  by  surface-grade  corporations.  It  lies 
with  them  to  end  it.  It  is  they  who  make  every  or- 
phan, every  widow.  The  surface  grades  must  disap- 
pear whenever  they  speak  the  word  of  authority  and 
elect  a  council  to  carry  it  out. 

\From  the  Chicago  Herald,  Aug.  5,  1892.] 

GIVEN  TO  A  MOLOCH. 

HUMAN     SACRIFICES    TO     RAILROADS SLAUGHTER     ON    THE 

ILLINOIS    CENTRAL     LINE     DURING     THE     RECENT  '  HOT 

SPELL WHY  THE  CLAIM  AGENTS  OF  THE  CORPORATIONS 

MAINTAIN  SECRECY. 

While  the  red-hot  sun  was  striking  people  dead  by 
the  score  last  week,  attention  was  diverted  from  the 
Juggernaut  of  the  railroad  crossings,  but  it  seems  that 
the  dreadful  slaughterer  was  not  idle  during  those 
trying  times,  and  the  allegation  was  made  yesterday 


143 


that  six  persons  had  been  killed  in  a  single  day  within 
the  city  limits  by  one  road,  the  Illinois  Central. 

This  seems  to  have  been  a  mistake.  Investigation 
of  the  records  of  the  coroner's  office  shows  that  the 
mortality  on  the  Illinois  Central  tracks  within  the 
bounds  named  did  not  on  any  one  day  exceed  four, 
although  an  inquest  on  a  fifth  victim  was  held  on  the 
same  day,  which  was  misleading  in  a  sense.  The 
bald  truth  is  horrible;  no  embellishments  are  neces- 
sary. . 

The  bloody  story  of  July  25th  includes  mention  ot 
the  death  under  the  wheels  of  the  Illinois  Central 
Juggernaut  of — 

Gibbons,  John,  8  One  Hundred  and  Fourth  street. 
Schrober,  Sr.,  John,  2502  South  Park  avenue. 
Hurley,  Patrick,  3436  Emerald  avenue. 
Fay,  John,  Chicago. 

On  the  same  date  the  coroner  "  sat  on "  the  re- 
mains of  Joseph  Neumann,  33 11  State  street,  and  on 
the  27th  Henry  Gilmore,  5437  Lake  avenue,  was  run 
over.  The  record  as  tersely  stated  by  the  coroner's 
historian  is  as  follows: 

July  25 — Joseph  Neumann  was  accidentally  killed 
by  engine  221,  drawing  the  Illinois  Central  train  154, 
between  Thirty-second  and  Thirty-third  streets.    Died 

July  23d. 

July  25— John  Gibbons  lies  dead  at  Pullman. 
Was  run  over  by  Illinois  Central  tram  No.  5,  drawn 
by  engine  331,  near  the  One  Hundred  and  Thirteenth 
street  crossing.  Could  not  determine  whether  acci- 
dental or  not. 

July  26— John  Schrober,  Sr.,  62  years  old,  was 
struck  and  run  over  by  Illinois  Central  switch  engine 


144 

No.  3,  July  25th,  near  Twenty-sixth  street.  The  jury 
believes  the  aecident  to  be  due  to  gross  carelessness 
on  the  part  of  the  engineer  and  fireman  in  not  giving 
warning  by  whistle  or  bell. 

July  26 — Patrick  Hurley  was  struck  by  Illinois 
Central  engine  No.  303  near  Thirtieth  street,  July 
25th,  and  killed. 

July  26 — John  Fay  was  struck  July  25th,  between 
Sixty-third  and  Sixty-fourth  streets  by  an  Illinois 
Central  engine  and  train  and  died  from  the  shock  and 
injuries  received  in  being  run  over. 

July  28 — Henry  Gilmore  was  killed  at  Sixty-second 
street  crossing  by  an  Illinois  Central  train  July   27th. 

OTHER    GRADE    SLAUGHTERS. 

In  addition  to  the  last  week's  fatalities  above 
enumerated,  the  Baltimore  and  Ohio  killed  Henry 
Young  at  the  Grand  Central  depot,  the  St.  Paul 
crushed  the  life  out  of  Dora  Pickette,  the  Burlington 
furnished  a  case  for  the  coroner  in  the  person  of  Bas- 
seleo  Palumbo  and  a  Northwestern  express  train  ran 
down  a  girl  at  Glencoe. 

How  many  persons  were  maimed  by  the  Jugger- 
naut but  escaped  with  their  lives  is  not  known. 

A  corporation  has  a  horror  of  newspaper  publica- 
tion of  accidents,  for  the  reason  that  such  publicity 
inspires  general  criticism,  and  also  because  the  law 
firms  that  are  engaged  in  the  encouragement  of  acci- 
dent damage  litigation  get  their  runners  out  after  the 
injured  persons  or  the  heirs  of  those  who  are  killed. 
In  this  way  settlements  on  the  company's  terms  are 
made  difficult,  and  victims  are  sometimes  enabled  to 
force  fair  payment  to  compensate  for  injuries. 


145 

This  will  explain  the  real  secret  of  the  clam-like 
reticence  of  the  claims  departments  when  approached 
for  information  in  regard  to  accidents.  If  they  can 
settle  a  death  for  $2,500,  get  off  with  $3,000  or  $4,000 
for  the  amputation  of  a  leg  or  an  arm,  or  escape  by 
the  payment  of  anywhere  from  $500  to  $6,000  from 
further  liability  for  an  accident  that  results  in  the 
paralysis  or  other  permanent  injury  of  a  person,  the 
claim  agent  of  a  corporation  feels  that  he  has  scored 
a  great  triumph.  These  victories  are  only  possible 
where  the  accidents  are  kept  dark.  Hence  the  policy 
of  silence  that  envelops  the  mutilation  department  of 
a  railroad  corporation. 

Elevate  the  tracks  and  stop  the  grade-crossing 
slaughter. 

MAIMED  BY  THE  RAILROAD  CARS. 

VICTIMS  OF  THE  GRADE  TRACKS  TAKEN  TO  THE  COUNTY 

HOSPITAL. 

James  Rogers  was  admitted  to  the  county  hospi- 
tal last  night  with  his  left  arm  so  badly  crushed  that 
it  will  have  to  be  amputated  at  the  shoulder.  Rogers 
is  a  laborer,  who  came  to  the  city  yesterday  from 
Gorum,  N.  H.,  to  seek  employment.  He  said  that  a 
brakeman  on  a  Northwestern  freight  train  pushed  him 
off  the  car  at  Clinton  and  Kinzie  streets  and  that  a 
wheel  passed  over  his  arm. 

Elevate  the  tracks  and  stop  the  grade-crossing 
slaughter. 

William   L.    Hall,   living  at  621   West  Thirteenth 


146 


street,  and  employed  by  the  Northern  Pacific  Railroad 
company,  was  struck  by  a  Chicago,  St.  Paul  and 
Kansas  City  train  at  Twelfth  street  last  night.  He 
received  a  deep  cut  over  the  right  eye  and  his  left 
arm  was  broken.  He  was  taken  to  the  county  hos- 
pital. 

Elevate     the     tracks    and    stop     the    grade-crossing 
slaughter. 


\_From     Chicago     City     Hall    Record     {Official    Paper),    Saturday, 

Aug.  20,  1892.] 

Last  Sunday's  Herald  contained  a  list  of  the  rail- 
road casualties  that  have  taken  place  in  this  city  dur- 
ing the  past  six  months,  which  was  the  most  effective 
sermon  for  the  elevation  of  railway  tracks  that  has 
been  given  our  citizens  for  many  a  dav.  The  list  in- 
eluded  about  two  hundred  victims  for  the  period 
mentioned,  which  is  certainly  something  terrible  to 
contemplate.  Two  hundred  deaths  from  railroad 
"  accidents  "  in  six  months  !  Considerably  over  an 
average  of  one  victim  a  day,  the  aggregate  being  as 
large  a  number  as  the  death-rate  from  all  causes  for 
a  good-sized  city  of  50,000  or  40,000  inhabitants. 
Many  of  the  victims  in  the  list  have  never  been  iden- 
tified, giving  room  for  the  presumption  that  in  many 
cases  family  or  friends  are  still  looking  for  the  absent 
ones  that  have  been  sent  so  hurriedly  to  the  presence 
of  their  Maker.  If  there  is  one  lesson  in  that  sermon 
that  calls  for  special  remark  more  than  another,  it  is 
that  the  duty  of  all  public  officials  lies  plainly  in  the 
direction  of  redoubling  their  efforts  to  compel   the 


147 

railway  corporations  to  come  to  some  agreement  that 
will  relieve  the  city  of  this  shocking  brutality.  Here- 
tofore the  corporations  have  adopted  a  procrastinating 
policy  in  reference  to  this  matter  that  can  no  longer 
be  tolerated.  The  responsibility  lies  entirely  with  the 
railway  companies.  It  cannot  be  evaded  or  success- 
fully shifted  to  the  shoulders  of  others,  and  the  first 
duty  of  the  Common  Council  when  it  reassembles, 
and  of  the  State  Legislature  when  it  convenes,  should 
be  to  put  an  effectual  stop  to  this  disgraceful  loss  of 
life,  no  matter  what  the  cost.  We  have  arrived  at 
that  stage  in  our  civic  development  where  our  law- 
makers must  make  provision  for  greater  safety  and 
protection  of  human  life.  Evasions  and  delay  on  the 
plea  of  extraordinary  expenses  should  no  longer  be 
accepted  in  lieu  of  action.  No  other  city  in  the  world 
would  permit  such  a  wilful  sacrifice  of  life,  and  the 
people  of  Chicago  will  not  put  up  with  it  much 
longer. 


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